BOARD    OF    RAPID    TRANSIT    RAILROAD    COMlVi. 
SIGNERS   FOR  THE  CITY   OF   NEW   YORK. 


Contract  J|ix  2 


BEING    FOR 


CONSTRUCTION    AND    OPERATION 


OF 


BROOKLYN-MANHATTAN   RAPID  TRANSIT 

RAILROAD. 

Approved  as  to  form  this  26th  day  of 
June,   1902. 

G.    L.    KITES, 

CORPORATION  COUNSEL 

OP  THE  CITY  OF  NEW  YORK. 


TF 


CONTRACT   No.  2. 


TABLE  OF   CONTENTS. 

PAGE 

Contract i 

Chapter  I.,  General 2. 

Chapter  II.,  Agreement  for  Construction 21 

Chapter  III.,  The  Lease 100 

Passenger   Traffic   Agreement 139 

Substitution  of  Continuing  Bond 147 

Borough  Hall  Change  of  Alignment 159 

Additional  Tracks  on  Fulton  Street 165 

Assignment  to   Interborough   Company 183 

Consent  to  Assignment 195 

Computation   of   Rentals 207 


M206865 


Brooklyn=Manhattan    Rapid 
Transit  Railroad. 


CONTRACT. 


Agreement,  made  this  2ist  day  of  July,  1902,  between 
THE  CITY  OF  NEW  YORK,  hereinafter  called  the  City,  acting  by 
THE  BOARD  OF  RAPID  TRANSIT  RAILROAD  COMMISSIONERS  FOR 
THE  CITY  OF  NEW  YORK,  hereinafter  called  the  Board,  party  of 
the  first  part,  and  RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COM- 
PANY, a  corporation  organized  under  the  laws  of  the  State  of  New 
York,  of  The  City  of  New  York,  hereinafter  called  the  Contractor, 
party  of  the  second  part. 

WHEREAS,  the  Board,  in  behalf  of  the  City,  by  due  advertise- 
ment pursuant  to  law,  of  a  notice  for  proposals,  which  is  substan- 
tially in  the  form  hereto  annexed  and  entitled  Invitation  to 
Contractors  has  invited  contractors  to  submit  to  the  Board 
proposals  for  making  this  contract ;  and 

WHEREAS,  the  Contractor  has  thereupon  duly  submitted  to  the 
Board  a  proposal  in  the  form  hereto  annexed  and  entitled 
Contractor's  Proposal — 

Now,  therefore,  in  consideration  of  the  said  Invitation 
to  Contractors  and  the  said  Contractor's  Proposal  and  of  the  mu- 
tual stipulations  and  covenants  hereinafter  contained,  and  under 
the  authority  of  chapter  4  of  the  Laws  of  1891,  entitled,  "An  Act 
"to  provide  for  Rapid  Transit  Railroads  in  Cities  of  over  one 
"million  Inhabitants,"  and  of  the  various  acts  amending  the  same, 
the  parties  hereby  do,  the  City  for  itself  and  its  successors  and 
the  Contractor  for  itself  and  its  successors 

Agree  each  with  the  other  as  follows : 


CHAPTER  L— GENERAL. 


Outline  of 
Contract. 


Rental  un- 
der Lease. 


Tratisporta- 
tion  over 
connecting 
lines. 


The  Contractor  agrees  with  the  City  to  fully  construct  and 
equip  a  Rapid  Transit  Railroad  upon  the  Routes  and  General  Plan 
hereinafter  mentioned,  and  to  put  the  same  in  operation  and  there- 
after to  use,  maintain  and  operate  the  same  under  a  lease  therof 
from  the  City  for  the  term  of  thirty-five  years. 

The  City  shall  pay  to  the  Contractor  for  Construction  of  the 
Railroad  the  sum  of  Two  million  dollars  ($2,000,000)  ;  and,  in 
addition  to  the  foregoing,  the  sum  of  One  million  dollars 
($1,000,000)  for  terminals  and  real  estate, — Provided,  however, 
that  such  payments  shall  be  subject  to  modification  as  hereinafter 
provided. 

The  Contractor  shall  pay  to  the  City  as  annual  rental  under 
such  lease,  the  sums  to  be  fixed  and  ascertained  in  the  manner 
stated  in  Chapter  III.  hereof. 

The  Contractor  has  by  its  Proposal  offered  to  assure  to  the  City, 
in  case  the  latter  should  make  with  it  this  contract,  that,  upon  com- 
pletion of  the  Railroad  (as  hereinafter  defined)  and  thereafter  for 
the  entire  period  of  the  Lease  herein  contained  and  any  renewal 
thereof,  passengers  over  the  same  should  have  the  right  to  trans- 
portation over  connecting  railways  and  passengers  over  the  con- 
necting railways  should  have  the  right  to  transportation  over  the : 
Railroad  as  follows : 

Transportation  without  change  of  cars  and  for  a  single  fare  not 
exceeding  five  cents  for  one  continuous  trip  over  the  Rail- 
road and  any  of  the  connecting  lines  mentioned  in  List  A 
forming  part  of  the  Contractor's  Proposal,  being  as  follows : 
The  lines  operated  or  to  be  operated  by  the  Interborough 
Rapid  Transit  Company  in  the  Boroughs  of  Manhattan  and 
the  Bronx  as  now  authorized.     Excepting  in  the  case  where 
the  Contractor  shall  have  entered  into  an  agreement  with  a 
connecting  line  to  carry  a  passenger  for  less  than  five  cents, 
the  Interborough  Company  will  not  agree  in  such  case  to 
carry  passengers  beyond  Fifty-ninth  street  for  the  less  fare. 
The  Contractor  shall,  therefore,  procure  to  be   executed  and 
proved  in  form  proper  for  record,  and  to  be  duly  delivered  in  three 
identical  originals  a  passenger  traffic  agreement  with  all  owners  of 


Chapter  I. —  General 

each  and  every  of  the  said  connecting  lines  required  by  the  Board    Agreements 
c  11  T-     1          1  1    11  1.    i    ;  11         u  with  owners 

as  follows  :    Each  such  agreement  shall  be  between  all  such  owners    of  connect- 

of  the  connecting  line,  as  parties  of  one  part,  the  Contractor  as  ing  lines. 
party  of  another  part  and  the  City  acting  by  the  Board  as  party  of 
the  third  part.  Each  such  agreement  shall  be  accompanied  by  an 
assent  in  writing,  executed  and  proved  in  proper  form  for  record 
of  every  mortgagee  or  other  lienor  of  the  connecting  line,  provided 
that  the  assent  of  a  trustee  under  a  mortgage  or  trust  deed  shall 
not  be  required  unless  such  trustee  shall  have,  under  the  provisions 
of  such  mortgage  or  trust  deed,  the  power  to  give  such  assent. 
The  agreement  shall  recite  this  contract  and  bind  the  Contractor 
and  the  owners  of  the  connecting  line  and  effectually  subject  such 
connecting  line  to  the  obligation  to  provide  for  every  passenger 
over  the  Railroad  or  any  part  thereof,  desiring  the  same,  trans- 
portation over  such  connecting  line  as  above  assured  by  the  Con- 
tractor, and  to  the  performance  of  the  provisions  of  the  Lease  with 
reference  to  transportation  over  such  line  and  shall  also  effectually 
subject  the  Contractor  to  the  obligation  to  provide  for  every  pas- 
senger coming  from  such  connecting  line  and  desiring  the  same 
transportation  over  the  Railroad  as  above  assured.  It  shall  con- 
tain provisions  and  be  in  form  which  shall  have  been  approved  in 
writing  by  the  Board,  and  it  shall  have  been  executed  by  such  par- 
ties as  owners  as  the  Board  shall  require.  The  Contractor  shall 
within  ten  ( 10)  days  after  the  execution  of  this  contract  or  such 
further  time  as  shall  be  prescribed  by  the  Board,  deliver  to  the 
Board  in  duplicate  a  draft  of  such  contract  with  the  owner  or 
owners  (including  the  mortgagees  and  other  lienors,  if  any,  who 
or  which  should  as  aforesaid  give  assent)  of  every  such  connecting 
line  with  a  statement  of  ownership  and  title  with  sufficient  detail, 
to  enable  the  Board  to  know  whether  all  necessary  parties  as 
owners  or  lienors  are  proposed.  The  Board  within  thirty  days 
after  receiving  from  the  Contractor  such  draft  and  a  statement 
and  evidence  which  shall  be  satisfactory  to  the  Board  as  to  the 
power  to  enter  into  such  contract  possessed  by  the  party  or  parties 
therein  described  as  such  owner  or  owners  or  lienors,  shall  return 
such  draft  to  the  Contractor  either  approved,  or,  if  not  approved, 
then  with  a  memorandum  of  the  changes  in  form  or  of  the  parties 
who  are  to  execute  the  same  which  in  the  opinion  of  the  Board 
ought  to  be  made  therein.  If  the  Contractor  shall  not  so  deliver 
all  such  drafts  required  as  aforesaid  and  furnish  such  information 
satisfactory  as  aforesaid  as  to  ownership  and  title  within  such 


Chapter  I. — General 


Divisions. 


Construc- 
tion of  the 
Contract. 


Definitions 
of  words. 


City. 


"  Board." 


'Con- 
tractor." 


time  limited  as  aforesaid,  or  if,  after  proposing-  any  such  draft, 
and  within  ten  days  after  receiving  the  same  back  from  the  said 
Board  either  approved  or  with  proposed  amendments,  fail  to  pro- 
cure the  same  as  so  approved  or  amended  to  be  duly  executed 
by  such  owner  or  owners  (with  the  assent  of  every  mortgagee  or 
lienor  whose  assent  is  necessary)  and  the  Contractor,  then  and  in 
either  such  case  the  Board  may,  in  its  discretion,  by  notice  to  the 
Contractor,  terminate  this  contract. 

This  contract,  besides  this  present  Chapter  L,  General,  includes 
hereinafter  the  following-  divisions  :  Chapter  II. — Agreement  for 
Construction;  and  Chapter  III. — Agreement  for  Operation — the 
Lease. 

The  three  chapters  and  all  the  provisions  of  this  contract  are 
and  shall  be  construed  as  a  single  instrument.  But,  if,  between  the 
provisions  of  the  Agreement  for  Construction  and  the  provisions 
of  the  Lease,  there  shall  be  any  inconsistency,  the  provisions  of 
the  Lease  shall  control. 

The  Contractor  shall  so  construct  and  equip  the  Railroad  as  to 
fully  and  strictly  meet  all  the  requirements  and  exigencies  of  the 
operation  thereof  as  provided  in  the  Lease.  The  respective  obli- 
gations of  the  City  and  the  Contractor  in  or  relating-  to  the  use  or 
operation  of  the  Railroad,  or  as  lessor  or  lessee  shall  be  ascertained 
solely  from  this  Chapter  I.,  General  (including  the  Copy  of  the 
Routes  and  General  Plan,  but  none  other  of  the  papers  appended 
to  this  Contract),  and  Chapter  III.,  the  Lease. 

The  following  words  and  expressions  used  in  this  contract  shall, 
except  where  by  the  context  it  is  clear  that  another  meaning  is  in- 
tended, be  construed  as  follows : 

1 i )  The  word  "City"  to  mean  The  City  of  New  York,  and  any 
other  corporation  or  division  of  government  to  which  the  owner- 
ship, rights,  powers  and  privileges  of  The  City  of  New  York 
under  the  Rapid  Transit  Act,   shall  hereafter  come,  belong  or 
appertain. 

(2)  The  word  "Board"  to  mean  the  Board  of  Rapid  Transit 
Railroad  Commissioners  for  The  City  of  New  York,  and  any  other 
board,  body,  official  or  officials,  to  which  or  to  whom  the  powers 
now  belonging  to  the  said  Board  shall,  by  virtue  of  any  act  or  acts, 
hereafter  pass  or  be  held  to  appertain. 

(3)  The  word  "Contractor"  to  mean  the  party  of  the  second 
part  to  this  contract,  and  its  successors  and  any  and  every  person 


Chapter  I. — General 


"Comp- 
troller." 


or  corporation  who  or  which  shall  at  any  time  be  liable  in  the  place 
or  for  the  party  of  the  second  part  to  perform  any  obligations 
under  this  contract  assumed  by  the  said  party  of  the  second  part. 
For  convenience  the  Contractor  is  hereinafter  spoken  of  as  if  the 
Contractor  were  a  corporation.  The  word  "it"  shall,  as  the  sense 
may  require,  include  "he,"  "him,"  "she,"  "her,"  "they"  and 
"them,"  and  the  word  "its"  shall  include  "his,"  "her"  and  "their." 

(4)  The  word  "Comptroller"  to  mean  the  Comptroller  of  The 
City  of  New  York,  and  the  officer  or  board  to  whom  or  to  which 
his  powers  now  existing  under  the  Rapid  Transit  Statute  shall 
come  to  appertain. 

(5)  The  word  "Engineer"  to  mean  the  present  Chief  Engineer    "Engineer." 
of  the  Board  and  any  successor  or  successors  duly  appointed  or 

any  deputy  or  substitute  for  him  who  shall  be  appointed  by  the 
Board  or  by  its  authority. 

(6)  The  word  "Railroad"  to  mean  the  railroad  which  the  Con-    "Railroad." 
tractor  shall  be  bound  to  build,  with  all  stations  and  real  estate 
belonging  to  and  used  in  conjunction  therewith,  and  all  appur- 
tenances thereto  and  all  other  property  to  be  used  thereon  or  in 
conjunction  therewith,  and  which  under  this  contract  are  to  be 
constructed  or  provided  by  the  Contractor  and  by  the  Contractor 

to  be  maintained  and  operated,  but  excepting,  however,  the  Equip- 
ment. 

(7)  The  words  "Rapid  Transit  Statute"  to  mean  chapter  4  of 
the  Laws  of  1891  as  amended  by  chapters  102  and  556  of  the 
Laws  of  1892,  chapters  528  and  752  of  the  Laws  of  1894,  chapter 
519  of  the  Laws  of  1895,  chapter  729  of  the  laws  of  1896,  chapter 
616  of  the  Laws  of  1900,  chapter  587  of  the  Laws  of  1901,  and 
chapters  533,  542,  544  and  584  of  the  Laws  of  1902,  or  as  here- 
tofore otherwise  amended. 

(8)  The  word  "Equipment"  to  mean  all  equipment  used  or 
intended   for  use   on  the   Railroad,   including  all   motors,   cars, 
whether  used  for  passengers,  freight,  express  or  any  other  pur- 
pose, and  all  other  rolling  stock,  all  boilers,  engines,  wires,  ways, 
conduits,  mechanisms,  machinery,  power  houses,  all   real  estate 
upon  which  any  such  power  houses  shall  stand  or  which  shall 
be  necessary  for  the  generation  or  transmission  of  motive  power, 
and  all  tools,  implements  and  devices  of  every  nature  whatsoever 
used  for  such  generation  or  transmission  of  motive  power,  and 
also  all  apparatus  and  devices  for  lighting,  signalling  and  ventila- 


"Rapid 
Transit 
Statute." 


"  Equip- 
ment." 


Chapter  I.— General 


"Agreement 
for  Con- 
struction." 

"Lease." 


"New 
York." 

"Rental." 


"Con- 
struction." 


"Opera- 
tion." 


"Daily 
newspaper." 


tion, — whether  such  equipment  be  situate  on  or  near  or  separate 
from  the  railway,  provided  that  the  same  be  used  or  intended  for 
use  in  connection  therewith  or  for  any  of  the  purposes  of  the 
Railroad,  and  including  all  such  equipment  in  existence  at  any  time 
during  or  at  the  end  of  the  term  of  the  Lease,  Provided,  however, 
that  real  estate  or  rights  therein  or  thereon  paid  for  by  the  City 
and  acquired  for  terminals,  roadbed,  stations  or  otherwise  for  the 
Railroad  shall  not  be  included  in  Equipment,  but  shall  be  part  of 
the  Railroad  and  the  property  of  the  City,  and  Provided,  further, 
that  no  permanent  part  of  the  tunnel,  although  devised  to  hold 
cables  or  other  devices  for  transmission  of  power  shall  be  deemed 
part  of  the  Equipment. 

(9)  The  words  "Agreement  for  Construction"  to  mean  the  pro- 
visions of  Chapter  II.  of  this  contract  as  explained  or  modified  by 
the  provisions  of  this  chapter. 

( 10)  The  word  "Lease"  to  mean  the  provisions  of  Chapter  III. 
of  this  contract  as  modified  or  explained  by  the  provisions  of  this 
chapter. 

(n)  The  words  "New  York"  to  mean  The  City  of  New  York 
according  to  its  boundaries  at  the  date  of  this  contract. 

(12)  The  word  "Rental"  to  mean  all  the  payments  to  be  made 
by  the  Contractor  to  the  City  as  provided  in  the  Lease,  whether 
such  payments  be  the  equivalent  of  interest  or  otherwise. 

(13)  The   word   "Construction"   to   mean   all   the   work   of 
constructing  the  Railroad,  including  the  doing  of  work,  the 
providing  of  materials,  the  complete  furnishing  of  the  Equip- 
ment of  the  Railroad,  the  restoration  and  reconstruction  of 
street  surfaces,  sewers  and  other  sub-surface  structures,  and 
all  other  work  or  materials  to  be  done  or  furnished  of  every 
nature  whatsoever  under  the  Agreement  for  Construction,  pro- 
vided,  however,  that  no  payment  for  Construction   shall   be 
made  or  deemed  to  be  made  for  Equipment,  it  being  the  obli- 
gation of  the  Contractor,  as  hereinafter  provided,  to  furnish 
the  Equipment  at  its  own  expense. 

(14)  The  word  "Operation"  to  mean  using,  operating  and 
maintaining  the   Railroad  according  to  the  provisions  of  the 
Lease. 

(15)  The  words  "daily  newspaper"  to  mean  any  paper  regu- 
larly published   in   the   City  of  New  York   on   every   day  or 
every  day  except  Sundays  and  holidays. 


Chapter  I. — General 


(16)  The  word  "notice"  to  mean  a  written  notice.  The 
word  "direction"  to  mean  a  written  direction.  Every  such 
notice  or  direction  to  be  served  upon  the  Contractor,  or  upon 
any  surety,  if  not  delivered  personally,  shall  either  be  delivered 
at  such  office  in  the  City  of  New  York  as  shall  have  been 
designated  by  the  Contractor  or  surety,  or  shall  be  mailed  by 
deposit  in  the  general  postoffice  in  the  City  of  New  York, 
postage  prepaid,  addressed  to  the  office  so  designated,  or  to 
such  office  as  the  Contractor  shall  designate  by  written  notice 
delivered  to  the  Board,  or  if  no  such  office  shall  have  been 
designated,  or  if  such  designation  shall  have  for  any  reason 
become  inoperative,  then  addressed  to  the  person  or  corpora- 
tion intended  at  the  City  of  New  York.  Such  delivery  or 
mailing  shall  be  equivalent  to  direct  personal  notice. 

This  contract  is  made  pursuant  to  the  Rapid  Transit  Statute 
which  is  to  be  deemed  a  part  hereof  as  if  it  were  incorporated 
in  every  chapter  hereof. 

Simultaneously  with  the  execution  of  this  contract  the 
Contractor  shall  give  security  for  the  performance  of  its  obli- 
gations both  under  the  Agreement  for  Construction  and  under 
the  Lease  as  follows : 

I. — For  Construction:  By  depositing  with  the  Comptroller  the 
sum  of  One  million  dollars  ($1,000,000)  in  cash  or  in  value 
of  securities  as  the  Contractor  may  elect.  If  securities  be 
deposited  they  shall  be  securities  of  which  a  schedule  shall 
be  hereto  annexed,  entitled  Schedule  of  Securities,  No.  i  (in 
lieu  of  One  Million  Dollars),  together  with  the  written  ap- 
proval of  the  Board  which  it  shall  give  when  satisfied  as  to 
the  character  thereof.  In  case  any  of  the  securities  before 
the  Railroad  shall  be  fully  constructed  and  equipped,  and  as 
such  accepted  by  the  Board,  shall,  in  the  opinion  of  the 
Board,  at  any  time  cease  to  be  of  the  character  of  securities 
in  which  the  savings  banks  of  the  State  of  New  York  are 
then  iauthorized  by  law  to  invest  moneys,  or  shall,  in  the 
opinion  of  the  Board,  at  any  time  become  of  less  value  than 
the  value  stated  for  it  or  them  in  the  said  schedule, — then 
within  ten  days  after  notice  to  the  Contractor  of  the  objec- 
tion of  the  Board,  the  Contractor  shall  either  substitute  there- 
for securities  which  shall  be  approved  by  the  Board  as  of 
the  character  aforesaid  and  as  being  of  at  least  the  value  of 


"Notice, 
Direction." 


Statutes  in- 
corporated 
herein. 


Security  by 
Contractor. 


Deposit  of 
$1,000,000. 


Chapter  I. — General 


When  Con- 
tractor may 
substitute 
cash  or  se- 
curities. 


the  former  securities  to  which  the  Board  shall  have  objected 
as  such  value  was  originally  stated  in  the  said  schedule,  or 
shall  deposit  with  the  Comptroller  in  cash  the  amount  of  such 
value  of  such  former  securities  as  so  originally  stated.  In 
case  the  Contractor  shall  not  within  such  ten  days  substitute 
such  new  securities,  it  shall,  if  the  Board  so  elect,  be  deemed 
to  be  in  default  in  the  performance  of  its  obligations  under 
this  contract;  and  in  addition  to  any  and  all  other  remedies 
against  the  Contractor  or  its  sureties,  the  Board  may  require 
the  Comptroller  to  deduct  from  any  moneys  then  due  or  which 
may  thereafter  become  due  to  the  Contractor  under  this  con- 
tract the  amount  of  the  original  valuation  of  such  securities 
objected  to,  and  to  hold  such  amount  in  lieu  of  such  se- 
curities, as  if  part  of  the  original  deposit  of  $1,000,000,  or  as 
if  deposited  with  the  Comptroller  as  aforesaid,  and  such 
amount  shall  in  such  case  be  deemed,  to  be  paid  to  the  Con- 
tractor upon  the  contract.  The  securities  so  objected  to  shall 
upon  such  substitution  of  securities  or  deposit  of  cash  in  lieu 
thereof  be  returned  to  the  Contractor. 

If  and  as  the  Board  shall  consent,  and  the  law  permits,  the 
Contractor  may,  in  such  deposit  substitute  cash  for  securities 
or  securities  of  the  character  aforesaid  for  cash,  but  always 
so  that  the  total  amount  and  value  of  the  deposit  shall  not 
be  reduced. 

The  City  shall  collect  all  interest,  dividends  or  other  in- 
come on  the  cash  or  securities  so  held  or  deposited. 

The  said  deposit  whether  in  cash  or  securities,  in  the  form 
and  as  the  same  shall  at  any  time  be,  shall  be  security  for 
the  faithful  performance  by  the  Contractor  of  all  the  covenants, 
conditions  and  requirements  specified  and  provided  for  in  the 
Agreement  for  Construction.  In  case  of  any  default  on  the 
part  of  the  Contractor  in  such  performance,  and  in  the  further 
case  that  the  City  shall  for  or  by  reason  of  such  failure, 
whether  by  reason  of  employment  of  another  contractor  or 
contractors  or  otherwise,  incur  or  become  liable  for  expense 
through  such  default  as  in  the  Agreement  for  Construction 
provided,  then  the  Comptroller  shall  forthwith  pay  or  apply 
to  the  use  of  the  City  from  such  deposit  of  $1,000,000,  in  cash 
or  securities  of  that  value  as  aforesaid  or  from  the  portion  of 
the  deposit  remaining  at  the  time,  the  amount  of  such  expense. 


8 


Chapter  I. — General 

The  Comptroller  shall,  upon  the  requirement  of  the  Board, 
in  order  to  make  such  payment  or  application  to  the  use 
of  the  City,  sell  at  public  auction  in  the  City  of  New  York 
any  of  the  securities  which  may  then  constitute  part  of  such 
deposit  upon  notice  to  be  published  in  three  (3)  daily  news- 
papers, the  first  publication  to  be  as  much  as  ten  (10)  days 
before  the  sale  and  such  publication  to  be  made  three  (3) 
times  within  such  ten  (10)  days.  The  Comptroller  shall, 
upon  the  requirement  of  the  Board,  from  the  proceeds  of 
any  such  sale,  deduct  all  expenses  thereof  and  of  such  ad- 
vertisement, and  pay  and  apply  to  the  use  of  the  City  so 
much  of  the  residue  of  such  proceeds  as  may  be  necessary 
for  the  purpose  aforesaid.  And  the  Contractor  within  ten 
(10)  days  after  notice  from  the  Board  so  to  do  shall  there- 
upon by  further  deposit,  according  to  the  requirement  of  the 
Board,  of  money  or  securities  of  the  character  aforesaid  ap- 
proved by  the  Board  restore  the  said  deposit  with  the  Comp- 
troller to  the  full  amount  and  value  of  One  million  dollars 
($1,000,000).  In  addition  to,  or  in  lieu  of,  the  sale  above  pro- 
vided for,  the  Board  may,  in  the  name  of  and  in  behalf  of 
the  City  bring  any  appropriate  suit  or  proceeding  in  any 
proper  court  to  enforce  the  lien  and  claim  of  the  City  in  and 
upon  the  said  deposit,  whether  such  deposit  be  in  money  or 
securities. 

If  at  any  time  when  the  Contractor  shall  otherwise  be  en- 
titled to  a  return  of  the  said  deposit,  there  shall  be  pending 
any  claim  for  damages  or  loss  caused  to  others  by  the  negli- 
gence, fault,  or  default  of  the  Contractor,  for  which  it  shall 
be  claimed  that  the  City  shall  be  liable,  then  and  in  that  case 
the  said  deposit,  or  such  part  thereof  as  the  Board  shall  pre- 
scribe, shall,  upon  the  requirement  of  the  Board,  be  reserved 
by  the  Comptroller  for  a  reasonable  time  as  security  to  the 
City  against  such  claims.  And  the  amount  of  any  such  damages 
or  costs  paid  by  the  City  to  others  or  for  which  the  City  shall 
be  liable  to  others,  shall  be  deducted  from  the  said  deposit 
before  the  same  shall  be  returned  to  the  Contractor  as  here- 
inafter provided. 

When  the  Contractor  shall  have  fully  completed  the  Con- 
struction and  Equipment  of  the  Railroad  according  to  the 
terms  of  this  contract,  and  the  operation  of  the  same  shall 


Chapter  I. — General 

have  begun  pursuant  to  this  contract,  the  Board  shall  so  cer- 
tify, and  upon  such  certificate,  the  Comptroller  shall  pay  and 
deliver  to  the  Contractor  the  said  deposit,  or  so  much  thereof 
as  shall  not  have  been  reserved  or  used  or  applied  for  any 
of  the  purposes  above  mentioned  and  the  Contractor  shall 
also  then  be  entitled  to  be  credited  upon  the  Rental  with  a 
sum  which  shall  be  equal,  as  the  case  may  be,  either  to  the 
interest  on  the  said  deposit  (if  made  in  cash)  from  the  time 
of  such  deposit  at  the  average  rate  of  interest  received  by 
the  City  on  its  bank  balances  during  the  period  of  such  deposit, 
or  to  the  interest,  dividends  or  other  income  which  the  City 
shall  have  received  from  the  said  securities,  together  with 
interest  on  any  such  interest,  dividends  or  other  income  so 
received  by  the  City  from  such  securities  from  the  time  of 
its  receipt  at  the  average  rate  of  interest  received  by  the  City 
on  its  bank  balances  during  the  period  of  such  deposit.  If, 
however,  any  of  the  cash  so  deposited  shall  have  been  used 
or  applied  for  any  of  the  purposes  above  mentioned  then  the 
Contractor  shall  not  be  entitled  to  credit  for  interest  on  the 
amount  of  cash  so  applied  from  the  time  of  such  application. 

Bond  for  H- — For  Rental  and  also  for  Construction:     By  filing  with  the 

$1,000,000;  Comptroller  a  bond  in  the  penal  sum  of  One  million  dollars 

($1,000,000).  The  said  bond  shall  be  security  for  the  payment 
of  rent  under  the  Lease  by  the  Contractor  and  also  for  the 
faithful  performance  by  it  of  all  the  covenants,  conditions  and 
requirements  specified  and  provided  for  in  this  contract.  It 
shall  be  executed  by  the  Contractor  and  by  his  sureties  ap- 
proved by  the  Board  (who  shall  justify  each  in  double  the 
amount  of  his  liability  upon  said  bond),  and  shall  be  sub- 
stantially in  the  form  hereto  annexed  and  entitled  Bond.  In 
case  any  of  the  sureties  upon  the  bond  shald  become  in- 
solvent or  unable  in  the  opinion  of  the  Board  promptly  to 
pay  the  amount  of  such  bond  to  the  extent  of  which  such  surety 
might  be  liable,  then  the  Contractor  within  thirty  days  after 
notice  by  the  Board  to  the  Contractor  shall,  by  supplemental 
bond  or  otherwise,  substitute  another  and  sufficient  surety  to 
be  approved  by  the  Board  in  place  of  the  surety  so  insolvent  or 
unable.  If  the  Contractor  shall  fail,  within  such  thirty  days 
or  such  further  time  as  the  Board  may  grant,  to  so  substitute  an- 
other and  sufficient  surety,  then  the  Contractor  shall,  for  all  the 

10 


Chapter  I. — General 

purposes  of  this  contract,  be  deemed  to  be  in  default  in  the 
performance  of  its  obligations  hereunder  and  upon  the  said 
bond,  and  the  Board  may  terminate  the  contract  or  may  bring 
any  proper  suit  or  proceeding  against  the  Contractor  or  the 
sureties,  or  either  of  them,  or  may  require  to  be  deducted  from 
any  moneys  then  in  or  thereafter  coming  into  the  hands  of 
the  City  and  due  to  the  Contractor  the  amount  for  which 
the  surety  insolvent  or  unable  as  aforesaid  shall  have  justified 
on  the  Bond ;  and  the  moneys  so  deducted  shall  be  held  by 
the  Comptroller  as  collateral  security  for  the  performance  of 
the  condition  of  the  Bond.*  [By  a  continuing  deposit  with  or  continu- 
the  Comptroller  of  the  sum  of  One  million  dollars  ($1,000,000)  ^ 
in  cash  or  in  value  of  securities  as  the  Contractor  may  elect,  ooo. 
If  securities  be  deposited  they  shall  be  the  securities  of 
which  a  schedule  shall  be  hereto  annexed,  entitled  Schedule  of 
Securities,  No.  II  (for  continuing  Deposit),  together  with  the 
written  approval  of  the  Board  which  it  shall  give  when  satis- 
fied as  to  the  character  thereof.  In  case  any  of  the  securities, 
while  so  deposited  and  before  the  termination  of  the  Lease 
shall,  at  any  time,  in  the  opinion  of  the  Board,  at  any  time, 
cease  to  be  of  the  character  of  securities  in  which  the  savings 
banks  of  the  State  of  New  York  are  then  authorized  by  law 
to  invest  moneys,  or  shall,  in  the  opinion  of  the  Board,  at  any 
time  become  of  less  value  than  the  value  stated  for  it  or  them 
in  the  said  schedule, — then  within  ten  days  after  notice  to 
the  Contractor  of  the  objection  of  the  Board,  the  Contractor 
shall  substitute  therefor  securities  which  shall  be  approved 
by  the  Board  as  of  the  character  aforesaid  and  as  being  of 
at  least  the  value  of  the  former  securities  to  which  the  Board 
shall  have  objected  as  such  value  was  originally  stated  in 
the  said  schedule.  In  case  the  Contractor  shall  not  thereupon 
within  such  ten  days  substitute  such  new  securities,  it  shall, 
if  the  Board  so  elect,  be  deemed  to  be  in  default  in  the  per- 
formance of  its  obligations  under  this  contract ;  and  in  addi- 
tion to  any  and  all  other  remedies  against  the  Contractor 


*If  the  security  be  by  deposit  of  cash  or  securities  the  words 
within  the  foregoing  bracket  will  be  omitted.  If  the  security 
be  by  bond  such  words  will  be  retained  and  the  words  within 
the  succeeding  bracket  will  be  omitted. 


n 


Chapter  I. — General 

or  its  sureties,  the  Board  may  require  the  Comptroller  to  de- 
duct from  any  moneys  then  due  or  which  may  thereafter  be- 
come due  to  the  Contractor  under  this  contract  the  amount 
of  the  original  valuation  of  such  securities  objected  to,  and 
to  hold  such  amount  in  lieu  of  such  securities,  as  if  part  of 
the  original  deposit  of  $1,000,000,  or  as  if  deposited  with  the 
Comptroller  as  aforesaid,  and  such  amount  shall  in  such  case 
be  deemed  to  be  paid  to  the  Contractor  upon  the  contract. 
The  securities  so  objected  to  shall  upon  such  substitution  of 
securities  or  deposit  of  cash  in  lieu  thereof  be  returned  to  the  Con- 
tractor. If  such  security  be  by  -a  continuing  deposit  of  cash  or 
securities  as  aforesaid,  then  in  case  of  any  default  on  the  part  of 
the  Contractor  in  payment  of  rent  under  the  Lease  or  in  such 
faithful  performance  of  all  such  covenants,  conditions  and  re- 
quirements, the  Comptroller  shall  forthwith  pay  or  apply  to  the 
use  of  the  City  from  such  deposit  of  cash  or  securities  or  from 
the  portion  of  the  deposit  remaining  at  that  time,  a  sum  equal  to 
the  amount  of  arrears  of  rental  due  the  City  under  the  Lease  with 
interest  thereon  at  the  rate  of  six  per  cent,  per  annum  from  the 
time  when  the  amount  was  due,  and  also  a  sum  sufficient  to  fully 
indemnify  the  City  as  the  case  may  require,  for  all  other  failures 
of  the  Contractor  to  so  faithfully  perform  all  such  covenants,  con- 
ditions and  requirements.  The  Comptroller  shall,  upon  the  re- 
quirement of  the  Board,  in  order  to  make  such  payment  or  applica- 
tion to  the  use  of  the  City,  sell  at  public  auction  in  the  City  of 
New  York  any  of  the  securities  which  may  then  constitute  part  of 
such  deposit  upon  notice  to  be  published  in  three  (3)  daily  news- 
papers, the  first  publication  to  be  as  much  as  ten  (10)  days  be- 
fore the  sale  of  such  securities  and  such  publication  to  be  made 
three  (3)  times  within  such  ten  (10)  days.  The  Comptroller 
shall,  upon  the  requirement  of  the  Board,  from  the  proceeds  of 
any  such  sale,  deduct  all  expenses  thereof  and  of  such  advertise- 
ment and  pay  and  apply  to  the  use  of  the  City  so  much  of  the 
residue  of  such  proceeds  as  may  be  necessary  for  the  purpose 
aforesaid.  And  the  Contractor  within  ten  (10)  days  after  no- 
tice from  the  Board  so  to  do,  shall  thereupon  by  further  deposit, 
according  to  the  requirement  of  the  Board,  of  money  or  securities 
of  the  character  aforesaid  approved  by  the  Board,  restore  the  said 
deposit  with  the  Comptroller  to  the  full  amount  and  value  of  One 
million  dollars  ($1,000,000).  In  addition  to  or  in  lieu  of  the  sale 
above  provided  for,  or  in  case  of  any  such  default  on  the  part  of 

12 


Chapter  I. — General 

the  Contractor  in  the  payment  of  rental  or  otherwise,  the  Board 
may,  in  the  name  of  and  in  behalf  of  the  City,  bring  any  appropri- 
ate suit  or  proceeding  in  any  proper  court  to  enforce  the  lien  or 
claim  of  the  City  in  and  upon  such  deposit  whether  such  deposit 
be  in  money  or  securities.  If  at  any  time  when  the  Contractor 
shall  otherwise  be  entitled  to  a  return  of  the  said  deposit,  there 
shall  be  pending  any  claim  for  damages  or  loss  caused  to  others 
by  the  negligence,  fault  or  default  of  the  Contractor  for  which  it 
shall  be  claimed  that  the  City,  shall  be  liable,  then  and  in  that  case 
the  said  deposit  or  such  part  thereof  as  the  Board  shall  prescribe, 
shall,  upon  the  requirement  of  the  Board,  be  reserved  by  the 
Comptroller  for  a  reasonable  time  as  security  to  the  City  against 
such  claims ;  and  the  amount  of  any  such  damage  or  cost  paid  by 
the  City  to  others  or  for  which  the  City  shall  be  liable  to  others 
shall  be  deducted  from  the  said  deposit  before  the  same  shall  be 
returned  to  the  Contractor  as  hereinafter  provided.  So  long  as 
the  Contractor  shall  be  in  no  default  he  shall  be  entitled  to  receive 
all  interest,  dividends  or  other  income  upon  the  securities  so  de- 
posited and  to  be  credited  against  rental  or  other  payments  which 
shall  become  due  from  him  interest  upon  any  such  deposit  of  cash 
at  the  average  rate  of  interest  then  received  by  the  City  on  its 
bank  balances.  If  and  as  the  Board  shall  consent,  and  the  law 
permits,  the  Contractor  may  in  such  continuing  deposit  substitute 
cash  for  securities  or  securities  of  the  character  aforesaid  for 
cash,  but  always  so  that  the  total  amount  or  value  of  the  deposit 
shall  not  be  reduced.  Upon  the  termination  of  the  Lease  and  of 
any  renewal  thereof  and  the  full  performance  by  the  Contractor 
of  all  his  obligations  under  this  Contract  or  any  part  thereof,  the 
Board  shall  so  certify,  and  upon  such  certificate  the  Comptroller 
shall  pay  and  deliver  to  the  Contractor  the  said  deposit,  or  so 
much  thereof  as  shall  not  have  been  reserved  or  used  or  applied 
for  any  of  the  purposes  above  mentioned.] 

The  City  shall  also  have  a  first  lien  upon  the  Equipment  a:,    City's  lien 

further  security  for  the  faithful  performance  by  the  Contractor       on  Equip- 

t    i  1-  •  ,    ,  .  ment. 

ot  the  covenants,  conditions  and  agreements  of  this  contract  on  its 

part  to  be  fulfilled  and  performed.  Such  lien  shall  arise  immedi- 
ately upon  the  acquisition  by  the  Contractor  of  any  part  of  the 
Equipment  for  use  on  or  in  connection  with  the  Railroad  or  any 
part  of  it,  or  intended  for  such  use,  whether  or  not  such  equip- 
ment be  set  up  or  delivered  upon  or  at  the  railway.  The  Con- 
tractor shall  upon  the  provision  of  the  Equipment  and  before  such 

13 


Chapter  I. — General 


Assignment 
of  sub-con- 
tractor's 
bonds. 


Remedies. 


On  Con- 
tractor's de- 
fault in 
Construc- 
tion, or 
Equipment 


City  may 
complete; 


provision  shall  be  deemed  complete,  execute  and  deliver,  or  pro- 
cure to  be  executed  and  delivered,  such  instrument  or  instruments 
in  form  for  record  in  form  approved  by  the  Board  as  may  prop- 
erly or  conveniently  recite  or  prove  such  first  lien  of  the  City  upon 
the  Equipment  and  shall  also  submit  to  the  Board  reasonable  proof 
of  the  title  of  the  Equipment  and  the  character  and  rank  of  such 
lien.  Such  further  instruments  and  proof  with  respect  to  such 
lien  shall  from  time  to  time  be  provided  by  the  Contractor  as  may 
reasonably  be  desired  or  required  by  the  Board.  The  Board  may 
from  time  to  time,  by  concurrent  vote  of  six  (6)  members  thereof, 
relieve  from  such  lien  any  of  the  property  to  which  the  same  may 
attach  upon  the  provision  of  additional  property  equivalent  in 
value  and  in  the  convenience  and  certainty  "with  which  the  lien 
thereon  shall  be  enforceable  to  the  property  which  it  is  proposed 
to  release,  and  upon  such  terms  as  to  the  Board,  by  such  concur- 
rent vote,  shall  seem  just. 

The  Contractor,  upon  receiving  from  any  sub-contractor  of  any 
part  of  the  work  or  for  the  supply  of  any  material  as  herein  pro- 
vided, any  bond,  surety,  obligation  or  security  of  any  kind  given 
to  the  Contractor  to  secure  the  performance  of  such  subcontract 
shall  forthwith  assign  to  the  City  in  form  to  be  approved  by  the 
Board,  the  beneficial  interest  of  the  Contractor  in  such  bond, 
surety,  obligation  or  security  so  given  by  such  subcontractor,  such 
beneficial  interest  to  be  held  and  applied  by  the  Board  for  the  City 
as  additional  security  for  the  performance  by  the  Contractor  of 
the  provisions  of  this  contract  relating  to  the  construction  and 
equipment  of  the  Railroad. 

In  case  of  default  by  the  Contractor  the  City  shall  have  the  fol- 
lowing remedies : 

I. — In  case  the  Contractor  shall  fail  to  complete  the  Construc- 
tion or  Equipment  of  the  Railroad,  or  shall  at  any  time  fail  to 
proceed  with  such  t  Construction  or  Equipment  with  reasonable 
diligence,  or  so  that  it  shall  not  be  reasonably  probable  that  the 
same  will  be  completed  and  equipped  within  the  period  herein  pre- 
scribed therefor,  then  and  in  any  such  case  the  Board  upon  a  notice 
to  the  Contractor  of  not  less  than  ten  days  may — 

(i)  By  resolution  declare  the  Contractor  to  be  in  default;  and 
the  City  by  the  Board  in  addition  to  every,  or  in  substitution  for 
any  other,  remedy  which  it  may  have  by  law  or  hereunder,  may 
thereupon  forthwith,  so  far  as  the  City  may  now  have  or  may 


Chapter  I. — General 

hereafter  secure  statutory  power,  procure  by  contract  or  other- 
wise, either  for  the  Contractor,  for  his  account  and  at  his  risk  or 
otherwise  as  the  Board  shall  determine,  the  completion  of  such 
Construction  and  Equipment,  or,  in  any  case  where  the  Board 
shall  deem  it  for  the  interest  of  the  City,  the  performance  of  any 
part  of  such  Construction  or  the  provision  of  any  part  of  such 
Equipment ;  and  the  City  may  to  the  extent  of  the  cost  of  such 
completion  of  the  Construction  and  Equipment  or  of  such  per- 
formance or  provision  of  any  part  thereof  and  interest  on  such 
cost,  withhold  and  apply  thereon  any  moneys  otherwise  due  or  to 
become  due  by  the  City  to  the  Contractor,  and  the  Contractor 
shall  be  liable  to  the  City  and  shall,  as  the  Board  may  from  time 
to  time  require,  forthwith  pay  to  the  City  the  excess,  if  any,  of 
the  cost  to  the  City  of  the  completion  of  such  Construction  and 
Equipment  or  of  such  performance  or  provision  of  any  part  there- 
of over  the  amount  payable  to  the  Contractor  therefor  under  the 
terms  of  this  contract,  and  also  the  amount,  if  any,  "which  shall  be 
due  to  the  City  by  reason  of  any  delay  in  completion  of  the  Con- 
struction and  Equipment,  or  in  such  performance  or  provision  of 
any  part  thereof.  And  such  completion,  performance  or  provision 
by  the  City  shall  not  release  or  discharge  the  Contractor  from  lia- 
bility for  Rental,  or  with .  respect  to  the  remainder  of  the  Con- 
struction or  Equipment,  or  any  other  liability  hereunder.  Or 

(2}  By  resolution  declare  this  contract  at  an  end  except  as  to  or  make 
the  liability  of  the  Contractor  hereinafter  in  .this  paragraph  pro-  new  Con- 
vided,  and  may  make  a  new  contract  for  Construction  and  Equip- 
ment, upon  advertisement  of  a  new  invitation  to  contractors,  upon 
such  terms  as  the  Board  may  deem  proper;  the  same  to  provide 
among  other  things  that  the  new  contractor  shall  allow  for  so 
much  of  Construction  and  Equipment  as  has  been  already  com- 
pleted, a  reasonable  amount  to  be  prescribed  in  such  new  con- 
tract or  to  be  ascertained  as  in  such  new  contract  to  be  provided ; 
and  in  such  case  the  Contractor  shall  pay  the  City  all  damage 
which  the  City  shall  sustain  by  reason  of  such  failure,  including 
the  excess,  if  any,  of  the  amount  which  the  City  shall  pay  the  new 
contractor  over  the  amount  it  would  have  had  to  pay  the  Con- 
tractor, party  hereto,  for  the  same  work  or  materials,  together  with 
the  amount,  if  any,  which  shall  be  due  to  the  City  by  reason  of 
the  delay  in  completion  of  the  Construction  and  Equipment,  and 
without  deduction  therefrom  because  of  any  increase  of  rental 
which  the  City  may  secure  from  the  new  contractor.  And 

15 


Chapter  I. — General 


or  proceed 
upon  bond 
for  Con- 
struction; 


or  may 
bring  suit. 


On  default 
in  payment 
of  rent  or 
otherwise; 


City  may 
take 

possession 
and  as 
agent 
for  the 
Contractor 
operate  the 
Railroad; 

or  make  a 
sub-con- 
tract ; 


(5)  The  City  may  also  proceed  as  to  the  Board  shall  seem 
proper  upon  the,  Bond,  or  with  respect  to  the  deposits  of  cash  or 
securities  made  as  aforesaid,  or  with  respect  to  the  bonds,  surety, 
obligations  or  securities  given   by  sub-contractors  and  assigned  as 
aforesaid,  or  with  respect  to  the  lien  of  the  City  upon  the  Equip- 
ment or  with  respect  to  any  other  security  held  by  the  City.     And 

(4)  The  City  may  also  bring  any  suit  or  proceeding  for  in- 
junction or  to  recover  damages  or  to  obtain  any  relief  or  for  any 
purpose  proper  under  this  Contract. 

II. — In  case  of  default  of  the  Contractor  in  paying  the  Rental 
herein  provided  or  in  case  of  the  failure  or  neglect  of  the  Con- 
tractor faithfully  to  observe,  keep  or  fulfil  any  of  the  conditions, 
obligations  and  requirements  of  Chapter  III.  of  this  contract,  the 
Lease,  the  City,  by  the  Board,  may : 

(i)  After  notice  to  the  Contractor  of  at  least  ten  (10)  days, 
take  possession  of  the  Railroad  and  Equipment,  and,  as  the  agent 
of  the  Contractor,  either 

(a)  Maintain  and  operate  the  Railroad  and  use  thereon  the 
Equipment  (\vithout  commencing  any  proceeding  for  the  enforce- 
ment of  its  lien  thereon)  for  the  full  unexpired  term  of  the 
Lease  or  such  shorter  period  as  the  Board  may  determine ;  or 

(6)  Enter  into  a  new  contract  with  some  other  person,  firm  or 
corporation  for  the  maintenance  and  operation  of  the  Railroad 
and  use  of  the  Equipment  for  any  period  of  time  not  exceeding 
the  unexpired  term  of  the  Lease. 

In  either  of  the  above  cases,  the  total  income  payable  to  or  de- 
rived by  the  City  from  maintenance  and  operation  of  the  Railroad 
and  use  of  the  Equipment  after  deducting  all  payments  by  the  City 
for  necessary  expenses  of  operation,  maintenance  and  use,  in- 
cluding repairs  and  replacements  of  the  Equipment,  shall  be 
deemed  to  be  the  net  annual  income.  Out  of  such  net  annual 
income  the  City  shall  retain  the  annual  rental  payable  under  the 
Lease  and  pay  over  the  balance,  if  such  there  be,  to  the  Contractor. 
If,  however,  such  net  annual  income  shall  in  any  year  be  less  than 
the  annual  rental  payable  under  the  Lease,  then  and  in  every  such 
case,  the  Contractor  and  its  sureties  on  the  Bond  shall  be  and 
continue  jointly  and  severally  liable  to  the  City,  or  the  continuing 
deposit  of  cash  or  securities  above  provided  shall,  as  against  the 
Contractor,  be  held,  for  the  amount  of  such  deficiency  until  the 
end  of  the  full  term  for  which  the  Lease  was  originally  made.  Or 


16 


Chapter  I. — General 


(2)  The  City  may  upon  reasonable  notice  to  the  Contractor, 
and  after  reasonable  notice  to  the  Contractor  to  make  good  the 
default,  terminate  this  contract;  and  thereupon  upon  such  terms 
as  to  the  Board  seem  just  and  with  such  person  or  corporation  as 
to  the  Board  may  seem  proper,  make  another  operating  contract 
and  lease  of  the  Railroad  for  the  residue  of  the  term  of  the  Con- 
tractor in  default,  including  in  such  contract  and  lease  a  provision 
as  to  a  transfer  or  lease  to  the  new  contractor  of  the  lien  and  any 
other  interest  of  the  City  on  and  in  the  Equipment,  and  in  such 
case  the  Contractor  shall  be  liable  to  the  City  for  all  damage  by 
reason  of  such  default.     Or 

(3)  The  City  may  by  the  Board  or  otherwise,  bring  such  suit 
or  proceeding  as  it  may  deem  proper,  to  enforce  its  lien  upon  the 
Equipment  or  upon  any  cash,  securities,  bonds  or  surety  obliga- 
tions held  as  aforesaid,  or  for  any  other  purpose.     Or 

(4)1  The  City  may  by  the  Board  or  otherwise,  but  without  suit, 
enforce  by  sale  or  otherwise  its  lien  upon  any  cash,  securities, 
bonds  or  sureties  or  surety  obligations  held  as  aforesaid.  Or 

(5)  The  City  may  also  bring  any  suit  or  proceeding  for  in- 
junction or  to  recover  damages  or  to  obtain  any  relief  or  for  any 
purpose  proper  under  this  contract. 

(6)  The  City  may  avail  itself  of  any  or  all  of  the  remedies 
hereinbefore  provided,  which  are  not  inconsistent  with  one  another 
or  of  any  other  remedy  provided  by  law  in  the  case  of  landlord 
and  tenant. 

In  case  the  City  shall  become  entitled  to  enforce  its  lien  against 
the  Equipment,  then,  at  the  time  of  beginning  any  suit  or  pro- 
ceeding for  the  enforcement  of  such  lien,  whether  by  foreelosure 
or  otherwise,  or  at  any  time  thereafter,  the  City  shall  be  entitled 
forthwith  to  enter  into  and  take  summary  and  complete  possession 
of  the  Equipment,  or  any  part  thereof,  it  being  the  express  inten- 
tion of  the  Contract  that  upon  any  default  by  the  Contractor  in 
construction,  equipment  or  operation  the  City  shall  have  the  right 
forthwith  to  operate  the  Railroad  so  far  as  is  then  physically 
practicable  (if  at  all),  and  to  that  end  to  have  complete  and  im- 
mediate possession  of  all  Equipment  and  of  all  other  things  neces- 
sary or  convenient,  or  which  may  thereafter  be  necessary  or  con- 
venient, for  the  operation  of  the  Railroad,  which  shall  belong  to 
the  City  or  upon  which  the  City  shall  have  a  lien  as  aforesaid. 

In  case  the  City  shall  avail  itself  of  the  provisions  aforesaid  for 


or  may  ter- 
minate Con- 
tract; 


or  may  sue 
to  enforce 
lien  upon 
Equipment; 


or  may  sell 
securities; 


or  may 

bring 

suit; 


or  use  rem- 
edies of 
landlord. 


Enforce- 
ment of  lien 
on  Equip- 
ment. 


C/uiptcr  I. — General 


City's 
assurances 
to  Contract- 
or of  right 
to  Construct 
and  Oper- 
ate. 


Routes  and 
General 
Plan  incor- 
porated in 
the  Con- 
tract. 


Beauty  of 
material  as 
well  as 
efficiency. 


Contractor 
to  afford 
facilities  to 
Board. 


taking  possession  of  the  Railroad,  or  for  making  any  new  or  other 
contract  with  respect  thereto,  no  allowance  shall  be  made  to  the 
Contractor  by  reason  of  any  increase  of  rental  which  the  City  shall 
reserve  above  the  Rental  as  specified  in  the  Lease. 

The  City  hereby  stipulates  and  covenants  to  and  with  the  Con- 
tractor that  the  City  will  secure  and  assure  to  the  Contractor  so 
long  as  the  Contractor  shall  perform  the  stipulations  of  this  con- 
tract, the  right  to  construct  and  to  operate  the  Railroad  as  pre- 
scribed in  this  contract  free  of  all  right,  claim  or  other  interfer- 
ence, whether  by  injunction,  suit  for  damages  or  otherwise,  on 
the  part  of  any  owner,  abutting  owner,  or  other  person ;  but  not  in- 
cluding any  interference,  legal  or  otherwise,  by  patentees  or  per- 
sons claiming  to  be  patentees  of  tools,  methods  or  appliances,  Pro- 
vided, however,  that  the  Contractor  shall  enforce  its  rights  against 
the  City  under  this  provision  solely  by  claim  for  money,  and  shall 
have  no  right  to  set  up  any  failure  or  default  on  the  part  pf  the 
City  to  perform  or  satisfy  this  stipulation  or  covenant  in  defense, 
or  by  way  of  exculpation  or  any  excuse  whatsoever  (otherwise 
than  as  a  claim  or  counter-claim  for  money)  of  the  Contractor  for 
any  default  or  failure  of  any  character  whatsoever  on  its  part,  ex- 
cept that  nothing  herein  contained  shall  be  construed  to  require 
the  Contractor  to  do  any  act  in  violation  of  a  valid  injunction  is- 
sued by  a  Court  of  competent  jurisdiction  forbidding  such  act. 

The  routes  and  general  plan  for  the  Railroad  adopted  by  the 
Board  by  its  resolution  of  24th  January,  1901,  and  heretofore  ap- 
proved by  the  authorities  of  the  City  and  by  the  Appellate  Division 
of  the  Supreme  Court  in  the  First  and  Second  Judicial  Depart- 
ments, shall  be  deemed  to  be  incorporated  into  this  contract  as  a 
partial  description  of  the  Railroad  and  Equipment.  For  conve- 
nience a  copy  thereof  is  hereto  appended,  entitled  Routes  and 
General  Plan. 

The  railway  and  its  equipment  as  contemplated  by  the  contract 
constitute  a  great  public  work.  All  parts  of  the  structure  where 
exposed  to  public  sight  shall,  therefore,  be  designed,  constructed 
and  maintained  with  a  view  to  the  beauty  of  their  appearance,  as 
well  as  to  their  efficiency. 

If  under  any  provision  of  this  Contract  the  Board  or  the  City 
shall  be  entitled  by  reason  of  any  failure  of  the  Contractor  to  do 
or  have  done  any  work  upon  or  in  relation  to  the  Railroad  or 
Equipment,  then  the  Contractor  shall  afford  to  the  Board  or  the 


18 


Chapter  I. — General 


City  all  facilities  for  doing  such  work,  and  the  representatives  of 
the  Board  or  the  City  shall  be  at  liberty  at  any  time  for  such  pur- 
pose to  enter  upon  any  part  of  the  premises. 

No  correction  or  change  in  this  contract  shall  be  made  except 
by  written  instrument  duly  authorized  by  the  Board,  and  consented 
to  by  the  Contractor  and,  if  a  bond  shall  have  been  given  as 
aforesaid  and  be  then  in  force,  then  also  consented  to  by  the 
sureties  upon  such  bond ;  but  this  provision  shall  not  limit  or  af- 
fect the  right  to  prescribe  variations  of  detail  whether  of  con- 
struction or  location  of  route  as  in  this  Contract  elsewhere  pro- 
vided. 

No  claim  shall  be  made  by  the  Contractor  against  any  mem- 
ber of  the  Board  personally  by  reason  of  this  contract  or  of  any 
of  its  articles  or  provisions. 

The  Contractor  shall  be  exempt  from  taxation  under  the  laws 
of  the  State  of  New  York  in  respect  to  its  interest  in  the  Railroad 
under  the  contract  and  in  respect  to  the  rolling  stock  and  all  other 
Equipment  of  the  Railroad  in  the  manner  and  to  the  extent  now 
provided  in  the  Rapid  Transit  Statute;  but  no  Equipment  of  the 
Contractor  not  provided  under  this  Contract  with  the  approval  of 
the  Board  shall  be. so  exempt. 

This  contract  shall  not  be  assigned  without  the  written  consent 
of  the  Board  concurred  in  by  six  members  thereof. 

In  case  the  Board  shall  cease  to  exist  the  legislature  may  pro- 
vide what  public  officer  or  officers  shall  exercise  the  powers  and 
duties  of  the  Board  under  and  by  virtue  of  this  contract;  and  in 
default  of  such  provision,  such  powers  and  duties  shall  be  deemed 
to  be  vested  in  the  mayor  of  the  City.  In  case  any  officer  or  of- 
ficers other  than  the  Board  shall  hereafter  have  the  powers  of  the 
Board  or  any  of  them,  then  the  provisions  of  this  contract  shall  be 
applicable  to  such  officer  or  officers  to  the  extent  to  which  the 
powers  of  the  Board  shall  appertain  to  such  officer  or  officers,  and 
any  official  act  or  determination  of  such  officer  or  officers  or  of  this 
Board  shall  be  sufficient  hereunder,  anything  herein  to  the  con- 
trary notwithstanding,  if  the  same  be  done  or  had  by  lawful  vote 
or  resolution  or  in  such  manner  as  the  legislature  may  from 
time  to  time  prescribe. 

The  Contractor  agrees  that  he  will  comply  with  the  provisions 
of  Chapter  415  of  the  Laws  of  1897  as  amended,  known  as  the 
''Labor  Law,"  so  far  as  they  are  constitutional  and  applicable  to 


Changes 
in  the  Con- 
tract. 


Members  of 
Board  not 
liable. 


Contractor 
not  taxable 
on  interest 
hereunder 
or  on 
Equipment. 


Contract 
when  as- 
signable. 
Provisions 
in  case 
Board 
cease. 


Labor  Law. 


All  neces- 
sary legal 
provisions 
deemed  in- 
serted here- 
in. 


Provision 
in  case  of 
unlawful 
provision. 


Marginal 
note's,  etc. 


Chapter  I. — General 

this  contract.  The  Contractor  further  agrees  that  no  laborer, 
workman  or  mechanic  in  the  employ  of  the  contractor,  sub-con- 
tractor or  other  person  doing  or  contracting  to  do  the  whole  or 
a  part  of  the  work  contemplated  by  the  contract  shall  be  required 
to  work  more  than  eight  hours  in  any  one  calendar  day,  except  in 
cases  of  extraordinary  emergency  caused  by  fire,  flood  or  danger 
to  life  or  property;  and  that  the  wages  to  be  paid  for  a  legal  day's 
work  (as  hereinbefore  defined)  to  all  classes  of  laborers,  work- 
men or  mechanics,  who  are  engaged  upon  the  subject  of  this 
contract  and  perform  work  within  the  limits  of  the  City,  shall  not 
be  less  than  the  prevailing  rate  for  a  day's  work  in  the  same  trade 
or  occupation  in  that  borough  within  the  City  where  such  work  is 
performed  or  done. 

It  is  the  intent  and  understanding  of  the  parties  to  this  agree- 
ment that  each  and  every  provision  of  law  required  to  be  inserted 
in  this  contract  should  be  and  is  inserted  herein.  Furthermore,  it 
is  hereby  stipulated  that  every  such  provision  is  to  be  deemed  to 
be  inserted  herein ;  and  if,  through  mistake  or  otherwise,  any 
such  provision  is  not  inserted  in  correct  form,  then  the  contract 
shall  forthwith,  upon  the  application  of  either  party,  be  amended 
by  such  insertion  so  as  to  strictly  comply  with  the  law,  and  with- 
out prejudice  to  the  rights  of  either  party  hereunder. 

If  this  contract  contain  any  unlawful  provision  not  an  essential 
part  of  the  general  structure  of  the  contract  and  which  shall  not 
appear  to  have  been  a  controlling  or  very  material  inducement  to 
the  making  thereof  the  same  shall  be  deemed  of  no  effect,  and 
shall  upon  the  application  of  either  party,  be  struck  from  the  Con- 
tract without  affecting  the  binding  force  of  the  Contract  as  it 
shall  remain  after  omitting  such  provision. 

Titles,  headings  and  marginal  notes  are  hereon  printed  merely 
for  convenience  and  shall  not  be  deemed  to  be  any  part  of  this 
contract  for  any  purpose  whatever. 


20 


CHAPTER  II.— AGREEMENT  FOR  CONSTRUCTION. 

The  Contractor  will  at  its  own  cost  and  expense,  and  in  strict 
conformity  with  the  specifications  hereinafter  contained  and  called 
the  Specifications,  and  also  in  strict  conformity  with  the  plans 
which  are  made  a  part  hereof  and  with  all  the  provisions  of  this 
contract,  whether  included  in  the  Specifications  or  not,  furnish  all 
the  materials  and  labor  necessary  and  proper  for  the  purpose,  and, 
in  a  good,  substantial  and  workmanlike  manner,  construct  and 
provide  the  Railroad,  including  therein  the  stations,  side-tracks, 
switches,  cross-covers,  terminal  yards  and  all  other  appurtenances 
complete  and  ready  for  Operation,  and  also  all  necessary  sewers 
along  or  off  the  route  of  the  Railroad,  all  necessary  readjustment 
of  the  mains,  pipes,  tubes,  conduits,  subways  or  other  sub-surface 
structures,  or  their  reconstruction  or  restoration  so  as  to  be  in  as 
good  condition  as  before  work  under  this  Contract,  and  also  the 
support  and  care,  including  under-pinning  wherever  necessary, 
of  all  buildings  of  whatsoever  nature,  monuments,  elevated  and 
surface  railways  affected  by  or  interfered  with  during  the  con- 
struction of  the  Railroad,  and  also  the  reconstruction  of  street 
pavements  and  surfaces  adjacent  to  the  route  of  the  Railroad  and 
which  may  be  directly  or  indirectly  disturbed  by  the  Contractor 
in  the  progress  of  the  work  of  construction,  so  that  such  street 
pavements  and  surfaces  shall  be  in  as  useful  and  good  a  condition 
as  existed  before  the  construction  shall  have  been  begun,  and 
will  also  do  all  the  work  and  supply  all  the  materials  necessary  to 
construct  and  equip  the  Railroad  in  complete  working  order  fully 
and  finally  ready  for  actual  operation  in  the  carriage  of  passengers 
and  otherwise  as  hereinafter  specified.  Such  construction  of 
sewers,  readjustment  of  mains,  pipes,  tubes,  conduits,  subways 
or  other  sub-surface  structures,  and  such  support,  care  and  under- 
pinning of  buildings,  monuments  and  railways  are  and  are  to  be 
deemed  to  be  essential  parts  of  the  Construction  of  the  Railroad. 

The  Contractor  shall  at  his  own  expense  provide  a  complete 
Equipment  of  the  Railroad  according  to  the  definition  of  Equip- 
ment aforesaid  and  according  to  the  Specifications. 

The  City  shall  pay,  and  the  Contractor  shall  receive  for  the 
Construction  of  the  Railroad  the  sum  of  Two  million  dollars 


Work  to  be 
done. 


Equipment. 


21 


Chapter  II. — Agreement  for  Construction 


Right  of 
Board  to 
amplify 
plans,  to  re- 
quire extra 
work,  etc. 


No  accept- 
ance to  ob- 
viate the 
necessity 
for  sound 
work,  etc. 

Inspection. 


($2, 000,000),  Provided,  however  that  such  payments  shall  be 
subject  to  modification  and  the  conditions  herein  prescribed.  The 
City  shall  also  pay  and  the  Contractor  shall  also  receive  for  the 
Construction  of  the  Railroad  the  sum  of  One  million  dollars 
($1,000,000)  for  terminals  and  for  other  real  estate  required  for 
the  construction  of  the  Railroad,  subject  to  modification  as  herein 
provided.  The  said  sums  so  to  be  paid  do  not  include  the  cost 
of  Equipment,  but  do  include  a  consideration  satisfactory  to  the 
Contractor  for  its  obligation  to  provide  the  Equipment  which, 
when  provided,  shall  be  the  property  of  the  Contractor,  subject 
to  the  first  lien  of  the  City,  as  provided  in  Chapter  I.  of  this 
contract. 

The  Board  shall  have  the  right,  during  the  progress  of  the 
work,  to  amplify  the  plans,  to  add  explanatory  specifications  and 
to  furnish  additional  specifications  and  drawings  within  the  limits 
of  the  general  purview  of  the  work.  The  Board  shall  also  have 
the  right  for  any  part  of  the  Railroad  to  require  additional  work 
to  be  done  or  additional  materials  to  be  furnished,  or  both,  within 
the  general  purview  of  a  rapid  transit  railroad  as  described  in  the 
Copy  of  the  Routes  and  General  Plan  hereto  appended,  or, 
within  such  general  purview,  to  require  work  or  materials  herein 
specified  or  provided  for  to  be  omitted.  If  such  additional  work 
or  materials  shall  be  required,  then  the  reasonable  value  thereof 
shall  be  additionally  paid  to  the  Contractor.  If  work  or  materials 
herein  specified  or  provided  for  shall  be  required  to  be  omitted, 
then  a  reasonable  deduction  shall  be  made  in  the  manner  herein- 
after provided  from  the  amount  to  be  paid  to  the  Contractor  for 
Construction,  provided,  however,  that  the  amount  of  work  and 
materials  called  for  by  this  contract  shall  not  be  diminished  with- 
out the  consent  of.  the  Contractor  so  as  substantially  to  alter  the 
general  character  or  extent  of  the  work  as  proposed. 

No  acceptance  of  any  part  of  the  work  or  materials  in  construc- 
tion or  equipment  shall  relieve  the  Contractor  of  its  obligation  to 
furnish  sound  material  and  perform  sound  work,  whether  with 
respect  to  such  part  or  to  any  other  part  of  the  work  or  materials 
in  Construction  or  Equipment. 

The  Board  contemplates,  and  the  Contractor  hereby  approves, 
the  most  thorough  and  minute  inspection  by  the  Board,  its  En- 
gineer and  their  representatives  and  subordinates,  of  all  work  and 
materials  and  of  the  manufacture  or  preparation  of  such  materials 


22 


Chapter  II. — Agreement  for  Construction 

from  the  beginning  of  Construction  to  the  final  completion  of 
Construction  and  Equipment.  It  is  the  intention  of  the  Board  that 
its  Engineer  shall  draw  the  attention  of  the  Contractor  to  all 
errors  or  variations  from  the  requirements  of  this  contract  or 
other  defects  in  workmanship  or  materials.  But  it  is  expressly 
agreed  that  no  omission  on  the  part  of  the  Board  or  its  Engineer 
or  any  officer,  member  or  subordinate  of  the  Board  to  point  out 
such  errors,  variations  or  defects  shall  give  the  Contractor  any 
right  or  claim  against  the  City  or  in  any  way  relieve  the  Con- 
tractor from  its  obligation  to  fully  construct  and  equip  the  Rail- 
road according  to  the  terms  of  this  contract. 

The  work  is  to  be  done  and  the  materials  are  to  be  furnished  W°rk  to  be  sul?-  , 
,  .  ,,       ,.  ,  i     r  ^i      T-      •  0-1      /-          Ject  to  approval  of 

subject  to  the  direction  and  approval  of  the  Engineer.     The  Con-  Engineer. 

tractor  shall  promptly  obey  and  follow  every  direction  within  the 
general  purview  of  the  work  as  prescribed  in  the  Routes  and 
General  Plan  which  shall  be  given  by  the  Engineer,  including  any 
direction  which  he  shall  give  by  way  of  withdrawal,  modification 
or  reversal  of  any  previous  direction  given  by  him.  If  any  addi- 
tional specification  be  prescribed  or  additional  drawing  be  required 
to  be  followed,  or  additional  detail  required,  or  if  any  question 
shall  arise  as  to  the  quality,  character  or  amount  of  materials  or 
work,  or  as  to  the  obligation  of  the  Contractor  to  do  any  par- 
ticular work  or  furnish  any  particular  materials,  or  as  to  the 
value  of  any  additional  work  or  materials  required  by  the  Board 
or  as  to  the  deduction  to  be  made  from  the  contract  price  for  the 
construction  by  reason  of  any  materials  or  work  directed  by  the 
Board  to  be  omitted,  or  if  any  other  dispute,  question  or  doubt 
as  to  what  is  the  obligation  of  the  Contractor  shall  arise  prior  to 
the  time  of  the  complete  Construction  and  Equipment  of  the 
Railroad  and  the  declaration  thereof  by  the  Board,  the  determina- 
tion of  the  Engineer  shall,  within  the  general  purview  of  the  work 
as  prescribed  in  the  Routes  and  General  Plan,  be  binding  upon 
the  Contractor  and  the  City,  so  far  that  the  Contractor  shall,  as 
the  case  may  be,  proceed  or  refrain  from  proceeding,  and  without 
any  delay  obey  the  requirement  of  the  Engineer. 

But  a  determination  of  the  Engineer  shall  not  be  finally  con-  Engineer's 

elusive  upon  either  the  Contractor  or  the  City  as  to  the  reasonable  determina- 

value  of  any  work  or  materials  additionally  required  as  aforesaid  subject  to 

or  omitted  as  aforesaid,  or  as  to  the  question  whether  the  Con-  review, 
tractor  is  entitled  to  additional"  payment  for  anything  additionally 

23 


Chapter  If.-. — Agreement  for  Construction 


Mode  of  re- 
view. 
Arbitration. 


required  by  the  Engineer,  whether  upon  additional  specifications 
or  drawings  or  in  the  way  of  additional  details  as  aforesaid,  or 
otherwise  as  herein  provided,  or  as  to  the  question  whether  the 
City  is  entitled  to  a  deduction  from  the  amount  payable  to  the 
Contractor  according  to  the  terms  hereof.  In  every  such  case  the 
Engineer  shall  make  his  determination  in  writing  and  in  dupli- 
cate, one  duplicate  to  be  filed  with  the  Board  and  the  other  dupli- 
cate to  be  delivered  to  the  Contractor.  Such  determination  as  to 
work  done  or  materials  supplied  shall  be  binding  and  conclusive 
upon  the  City  unless  the  Board  shall  appeal  within  ten  (10)  days 
after  such  determination  shall  be  filed  with  it  and  notice  of  such 
filing  shall  be  given  to  its  president,  and  shall  be  binding  upon  the 
Contractor  unless  the  Contractor  shall  appeal  within  ten  (10) 
days  after  the  same  shall  be  delivered  to  him.  The  appeal  shall 
be  taken  by  a  written  notice  addressed,  if  the  Board  be  the  ap- 
pellant, to  the  Contractor,  or  if  the  Contractor  be  the  appellant, 
then  in  duplicate,  one  to  the  president  of  the  Board  and  one  to  its 
secretary.  The  notice  of  appeal  shall  state  the  determination  ap- 
pealed from,  the  grounds  of  appeal,  the  precise  award  or  redress 
desired,  and  shall  include  the  appointment  of  an  arbitrator  on  the 
part  of  the  appellant,  with  a  written  undertaking  on  the  part 
of  the  arbitrator  to  act.  Within  ten  (10)  days  after  the  receipt 
of  a  notice  of  appeal  the  party  receiving  the  same  shall  name  an 
arbitrator,  and  give  written  notice  of  such  nomination  to  the  party 
appealing,  the  notice  to  be  accompanied  by  a  written  acceptance 
by  the  arbitrator  of  the  appointment.  If  the  party  against  whom 
the  appeal  is  taken  shall  not  so  nominate  an  arbitrator,  who  shall 
so  accept,  and  give  such  written  notice  thereof  with  such  written 
acceptance  of  such  arbitrator,  then  the  arbitrator  named  by  the 
party  appealing  shall  be  the  sole  arbitrator.  Either  party  may, 
by  a  general  notice  to  the  other,  appoint  a  standing  arbitrator  for 
such  party.  In  case  of  such  standing  appointment  such  arbitrator 
shall  be  deemed  to  be  appointed  upon  each  appeal,  without  speci- 
fication of  his  appointment  upon  the  appeal.  Any  vacancy  in  any 
office  of  arbitrator  shall  be  filled  by  the  party  which  shall  have 
appointed  the  last  incumbent  thereof,  within  five  (5)  days  after 
notice  of  the  vacancy — during  which  five  (5)  days  the  running 
of  other  periods  of  time  prescribed  for  or  in  course  of  the  arbi- 
tration shall  be  suspended.  If  not  so  filled, — or  if  notice  of  the 
appointments  be  not  given  within  such  five  (5)  days, — the  remain- 
ing arbitrator  shall  be  the  only  arbitrator.  Within  five  (5)  days 


Chapter  II. — Agreement  for  Construction 

after  the  appointment  of  its  arbitrator  by  the  party  against  whom 
the  appeal  is  taken,  or,  if  there  be  a  standing  arbitrator  for  such 
party,  then  after  ten  (10)  days,  but  within  fifteen  (15)  days  after 
notice  of  the  appeal  is  given, — the  arbitrators, — or  if  the  party 
against  whom  the  appeal  is  taken  shall  be  in  default  in  appointing 
an  arbitrator,  then  within  five  (5)  days  after  such  default  the 
arbitrator  named  by  the  party  appealing, — shall  proceed  sum- 
marily, and  upon  two  (2)  days'  notice  to  both  parties,  to  hear 
such  evidence  or  statements,  oral  or  written,  as  may  be  produced. 
Such  hearing  shall  be  finished  within  five  (5)  days  after  such 
hearing  shall  begin;  and  within  three  (3)  days  after  finishing 
such  hearing,  the  determination  of  such  arbitrators  or  arbitrator 
shall  be  made.  But  if  within  such  three  (3)  days  the  arbitrators 
(in  the  case  of  two  arbitrators)  shall  fail  to  agree  upon  and  make 
an  award,  then  they  shall  forthwith  so  certify  to  the  Board  and 
the  Contractor,  and  the  controversy  shall,  with  the  concurrence  of 
one  of  the  arbitrators,  be  determined  by  an  umpire  to  be  nomi- 
nated by  the  Executive  Committee  for  the  time  being  (or  the 
committee  thereto  corresponding)  of  the  Chamber  of 'Commerce 
of  the  State  of  New  York,  or  if  within  three  (3)  days  after  being 
notified  by  either  of  the  parties  hereto  of  such  failure  the  said 
Committee  shall  not  make  a  nomination,  then  by  an  umpire  to  be 
named  by  the  Executive  Committee  for  the  time  being  (or  the 
committee  thereto  corresponding)  of  the  Association  of  the  Bar 
of  the  City  of  New  York.  The  umpire  shall  hear  the  parties,  their 
counsel,  the  statements  of  the  arbitrators  and  the  statements  and 
evidence  received  by  them,  or  such  of  them  and  so  much  thereof 
as  may  appear  or  be  submitted  to  the  umpire  upon  two  (2)  days' 
notice  to  the  parties.  Such  notice  shall  be  given  within  three  (3) 
days  after  the  nomination  of  the  umpire.  The  hearing  by  the 
umpire  shall  be  concluded  within  three  (3)  days.  His  award  shall 
be  made  within  three  (3)  days  after  the  hearing  before  him  is 
concluded,  and  shall  be  effectual  if  concurred  in  within  such  three 
(3)  days  by  one  of  the  arbitrators.  Every  determination  by  the 
arbitrators  or  arbitrator  and  umpire  shall  be  in  writing  in  dupli- 
cate, one  to  be  delivered  to  the  secretary  of  the  Board  and  the 
other  to  the  Contractor.  The  Executive  (or  other  corresponding) 
Committee  of  the  said  Chamber  of  Commerce  and  the  Executive 
(or  other  corresponding)  Committee  of  the  said  Association  of 
the  Bar  may,  upon  the  joint  request  of  both  parties,  from  time  to 
time  nominate  a  standing  umpire,  or  a  standing  board  of  three 

2S 


Chapter  II. — Agreement  for  Construction 


Vouchers  for 
extra  work. 


When   City 
entitled  to 
abatement 
of  price. 


In  case  arbitration 
cannot  validly 
be   had. 


experts,  to  act  as  such  umpire.  Such  standing  umpire  or  stand- 
ing board  of  experts  shall,  upon  every  arbitration  where  an  um- 
pire is  required,  be  such  umpire,  and  a  decision  or  determination 
by  a  majority  of  such  board  of  experts  shall  be  the  decision  of 
such  board.  The  days  for  notices  and  other  proceedings  shall  be 
exclusive  of  Saturdays,  Sundays  and  holidays.  All  fees  and  ex- 
penses of  arbitrators  and  umpires  shall  be  borne  and  paid  equally 
by  the  City  and  the  Contractor,  by  both  of  whom  every  such  arbi- 
trator and  umpire  shall  be  deemed  to  be  employed.  Every  such 
arbitrator  and  umpire  shall,  before  proceeding  to  hear  the  testi- 
mony or  to  consider  the  matter,  be  sworn  as  nearly  as  may  be 
in  the  same  manner  as  referees  in  actions  at  law  are  required  to 
be  sworn.  Every  such  arbitrator  and  umpire  shall  be  a  disinter- 
ested person. 

The  Contractor  shall  become  entitled  to  additional  payment, 
for  additional  work  or  by  reason  of  additional  specifications, 
drawings,  details  or  other  requirements  only  upon  the  production 
of  the  certificate  and  determination  of  the  Engineer  if  unappealed 
from,  or,  if  so  appealed  from,  then  only  upon  and  according  to 
the  final  award  of  arbitrators,  or  arbitrator  and  umpire  as  afore- 
said, it  being  expressly  agreed  that  the  City  shall  make  no  addi- 
tional payment  to  the  Contractor  except  upon  vouchers  which  in- 
clude such  certificate  and  determination  unappealed  from,  or  if 
appealed  from,  then  such  certificate  and  determination  with  such 
final  award  as  a  condition  precedent  to  payment  and  that  no  pay- 
ment shall  be  made  in  any  such  case  inconsistently  with  such  final 
award. 

Nor  shall  the  City  be  entitled  to  claim  any  abatement  from  the 
contract  price  by  reason  of  diminution  in  the  amount  of  work 
required,  delay  in  completion  or  otherwise  except  upon  the  cer- 
tificate or  determination  of  the  Engineer  unappealed  from  by  the 
Contractor  as  aforesaid,  or,  if  so  appealed  from,  then  upon  the 
certificate  and  award  of  the  arbitrators  or  arbitrator  and  umpire 
as  aforesaid. 

Provided,  however,  and  it  is  expressly  agreed,  that,  if  in  any 
case,  or  for  any  reason,  the  arbitration  cannot  validly  be  had  as 
aforesaid,  then  the  City  or  the  Contractor,  after  having  appealed 
from  such  determination  and  being  in  no  way  responsible  for 
failure  of  the  arbitration,  may  prosecute  such  appeal  or  review 
such  determination  in  or  by  any  proper  suit  or  proceeding. 


26 


Chapter  II. — Agreement  for  Construction 

The   Contractor   shall   begin   actual   work   upon    the    Railroad   Commencement 
...       .          ,,   ,     ,  A.      it.  ,•         r  ,1  •  T-U     and  completion 

within  sixty  (60)  days  after  the  execution  of  this  contract.     I  he  Of  work 

entire  Railroad  shall  be  completely  constructed  and  equipped 
ready  for  immediate,  full  and  continuous  operation  within  three 
(3)  years  from  the  date  of  the  delivery  of  this  contract,  Provided 
that  such  period  shall  be  extended  to  four  (4)  years,  if,  in  the 
opinion  of  the  Board,  the  Contractor  shall  not  be  able,  with  rea- 
sonable diligence,  to  earlier  complete  its  work.  The  construction 
of  the  portions  of  the  Railroad  not  under  the  East  River  shall  be 
completed  within  two  and  one-half  (2^2)  years  from  the  date 
of  delivery  hereof.  In  the  event  of  delay  in  such  complete  Con- 
struction and  Equipment  beyond  the  period  so  prescribed,  or  in 
completion  of  such  portion  of  the  Railroad  not  under  the  East 

River,  and  in  case  any  such  delay  shall  not  be  excusable,  as  herein   Prjce  to  be 

reduced  for 
provided,  the  price  to  be  paid  the  Contractor  shall  be  reduced  as  delay. 

follows :  From  the  several  amounts  which  shall  become  payable 
to  the  Contractor  after  the  expiration  of  any  such  period  for 
work  completed  or  materials  furnished  thereafter,  there  shall  be 
deducted  and  retained  by  the  City  as  liquidated  damages  for  such 
delay  one  per  cent,  thereof  for  each  and  every  month  after  the 
expiration  of  the  said  period  until  such  amounts  are  severally 
certified  to  be  due  and  payable.  But  in  case  the  Contractor  shall 
be  delayed  by  injunction  or  by  strike  or  by  any  interference  of 
public  authority,  and  in  case  the  Contractor  cannot,  notwith- 
standing such  injunction,  strike  or  interference,  with  reasonable 
diligence  make  up  for  the  delay  so  occasioned  by  speedier  work 
when  the  Contractor  shall  not  be  so  interfered  with,  then  the  said 
date  for  completion  shall  be  extended  to  a  date  later  than  the 
expiration  of  the  said  period  by  the  amount  of  time  of  such  delay, 
Provided,  however,  that  no  period  of  such  delay  shall  be  deemed 
to  begin  until  written  notice  thereof  shall  be  given  by  the  Con- 
tractor to  the  Board. 

No  injunction,  strike  or  interference  of  public  authority  shall   Board  may  inter- 
be  ground  for  such  extension  except  if  and  from  the  time  when      ^*86  °f 
the  Contractor  shall  give  the  Board  notice  thereof  with  copies  of 
all  papers  served  thereon  upon  the  Contractor  or  his  representa- 
tives.    The  Board  and  the  City  or  either  shall  be  accorded  the 
right  to  intervene  or  become  a  party  to  any  suit  or  proceeding  in 
which  any  such  injunction  shall  be  obtained,  and  to  move  to  dis- 
solve the   same  or  otherwise,   as  the   Board  or  City  may  deem 
proper.     If  necessary  the  counsel  or  attorneys  of  the  Board  or 

27 


Chapter  II. — Agreement  for  Construction 


Sites  for 
terminals. 


Cost  of  terminals 
and  real  estate  for 
stations,  etc. 


City  shall  be  authorized,  for  that  purpose,  to  appear  as  counsel 
or  attorneys  for  the  Contractor.  The  Contractor  shall  procure  to 
be  delivered  to  the  Board  forthwith  upon  its  receipt  by  the  Con- 
tractor, its  attorney  or  representative,  a  copy  of  every  paper 
served  by  the  Contractor  or  its  attorney  or  representative  in  any 
such  suit  or  proceeding. 

In  the  event  that  the  Construction  and  Equipment  shall  be 
completed  as  aforesaid  ready  for  immediate,  full  and  continuous 
operation  within  three  (3)  years  from  the  date  of  the  delivery 
of  this  contract,  then  the  price  to  be  paid  the  Contractor  shall  be 
increased  at  the  rate  of  one  (i)  per  cent,  upon  the  total  amount 
thereof  for  every  month  to  elapse  between  the  date  of  such  com- 
pletion and  the  expiration  of  such  period  of  three  years. 

The  site  or  sites  of  the  terminals  shall  be  proposed  by  the  Con- 
tractor, but  the  same  shall  be  subject  to  the  approval  of  the 
Board.  The  City  shall  itself  purchase  the  real  estate  for  the 
terminals,  by  condemnation  or  otherwise ;  but  the  -amount  which 
shall  be  paid  by  the  City  for  real  estate  for  terminals  shall  (ex- 
cept as  hereinafter  provided)  be  deemed  to  be  payment  to  the 
Contractor  on  account  of  Construction,  and  as  such  chargeable 
against  any  amount  which  shall  otherwise  become  due  the  Con- 
tractor for  construction.  The  amount  included  as  aforesaid  in  the 
price  for  Construction  hereunder  for  terminals  including  real 
estate  therefor  and  other  real  estate  is  the  estimated  sum  of  One 
million  dollars  ($1,000,000),  which  includes  the  allowance  for 
cost  of  the  real  estate  for  terminals  and  of  their  complete  con- 
struction ready  for  operation,  but  does  not  include  the  cost  of  any 
equipment  thereof.  The  Contractor  shall  receive  the  exact  cost  to 
the  Contractor  of  the  complete  construction  of  the  terminals,  to- 
gether with  a  profit  of  ten  (10)  per  cent,  on  such  cost  of  con- 
struction (but  not  on  the  cost  of  the  real  estate  acquired  therefor) 
for  its  services  in  connection  therewith,  but  subject  to  the  limita- 
tions hereinafter  prescribed. 

The  real  estate  for  which  allowance  is  so  made  shall  include 
lands,  if  any,  acquired  for  terminals,  stations,  rights  of  way,  if  any, 
acquired  through  property  not  belonging  to  the  City,  and  any 
other  real  estate  necessary  for  the  Railroad  not  forming  part  of  the 
Equipment.  The  City  shall  itself  acquire  (by  condemnation  or 
otherwise)  all  such  real  estate;  and  every  amount  paid  therefor 
by  the  City  shall,  except  as  hereinafter  provided,  be  deemed  to  be 


28 


Chapter  II. — Agreement  for  Construction 

a  payment  to  the  Contractor  on  Construction.  The  total  amount 
to  be  paid  or  allowed  to  the  Contractor  for  such  cost  of  construc- 
tion of  terminals,  including  the  additional  allowance  of  ten  (10) 
per  cent,  (as  explained  above)  together  with  the  sum  to  be  paid 
by  the  City  for  real  estate  for  terminals,  stations,  rights  of  way 
and  otherwise  as  aforesaid  and  to  be  deemed  as  aforesaid  pay- 
ments to  the  Contractor  on  Construction,  shall  in  no  case  exceed 
One  million  five  hundred  thousand  dollars  ($1,500,000). 

The  variation  of  the  sum  of  the  cost  of  the  terminals  (including 
real  estate,  construction  and  profit  aforesaid)  and  of  the  actual 
payments  by  the  City  as  aforesaid  for  real  estate  other  than  ter- 
minals from  the  sum  of  One  million  dollars  ($1,000,000),  shall, 
within  the  said  maximum  limit  of  One  million  five  hundred  thou- 
sand dollars  ($1,500,000)  be  added  to  or  deducted  from,  as  the 
case  may  be,  the  total  contract  price  for  construction  payable  to 
the  Contractor.  Any  excess  of  the  cost  of  the  terminals  and  of 
such  other  real  estate  above  One  million  five  hundred  thousand 
collars  ($1,500,000)  shall  be  borne  and  paid  by  the  Contractor; 
and  any  excess  above  such  amount  which  the  City  shall  itself  have 
paid,  shall  be  forthwith  returned  by  the  Contractor  to  the  City  or 
may  be  deducted  by  the  City  from  any  money  otherwise  due  the 

Contractof. 

\ 
If  and  after  the  Contractor  shall  give  to  the  Board  notice  of  City  to  diligently 

at  least  three  (3)  months  that  the  real  estate  is  required,  specify-  reaUs^ate0683^7 
ing  the  parcels,  the  City  shall  conduct  with  diligence  proceedings 
to  acquire  the  real  estate  needed  for  terminals  and  other  railroad 
purposes  or  (if  requested  by  the  Contractor)  which  the  Contractor 
shall  need  for  Equipment.  Any  damage  sustained  by  the  Con- 
tractor by  reason  of  delay  in  its  possession  of  such  real  estate  be- 
yond a  period  of  six  months  after  the  giving  of  such  notice  shall 
be  paid  by  the  City  to  the  Contractor.  The  amount  thereof  shall 
be  certified  by  the  Engineer  as  aforesaid  but  subject  to  appeal  by 
the  City  or  Contractor  within  twenty  days  after  notice  of  such 
certificate  to  the  Board  or  the  Contractor  as  the  case  may  be  and 
to  determination  by  arbitration  in  manner  aforesaid. 

The  City  shall  pav  the  Contractor  for  the  work  as  the  same  Payments,  how 

to  be  made. 

progresses  upon  vouchers  certified  by  the  Board.  Written  requi- 
sitions bv  the  Contractor  for  such  payments  shall  be  delivered  to 
the  Board  at  intervals  of  not  less  than  one  ( i )  month.  Each 
requisition  by  the  Contractor  shall  be  accompanied  by  a  certificate 


Chapter  II. — Agreement  for  Construction 


Provision  of 
Equipment. 


Evidence  that 
labor  and  materi- 
als have  been 
paid  for. 


of  the  Engineer  to  the  effect  that  work  has  been  done  and  ma- 
terials have  been  delivered  in  accordance  with  the  terms  of  the 
Contract  at  or  upon  the  Railroad  prior  to  the  time  of  such  requisi- 
tion of  a  value  stated  in  such  certificate.  Such  value  shall  be 
ascertained  relatively  to  the  contract  value  of  the  entire  work. 

The  Board  shall  thereupon  forthwith  prepare  and  certify  a 
voucher  in  due  form  for  payment  by  the  City  for  the  work  so 
done  and  materials  so  furnished.  The  Board  shall  not  be  bound 
by  the  certificate  of  the  Engineer,  but  may  in  every  case  fix  the 
amount  due  at  such  sum  as  the  Board  shall  itself  determine  to  be 
the  proper  actual  relative  value  of  such  work  and  materials.  The 
amount  so  certified  by  the  Board  shall  be  forthwith  paid  by  the 
City  to  the  Contractor  without  any  deduction  except  as  herein 
otherwise  provided.  In  case  such  Contractor  shall  be  dissatisfied 
with  the  determination  of  the  Board  as  to  value  as  aforesaid,  the 
Contractor  may,  within  twenty  (20)  days  after  notice  of  such  de- 
termination, appeal  therefrom  in  the  manner  hereinbefore  provided 
for  appeals  from  determination  of  the  Engineer  as  to  additional 
work,  and  the  receipt  by  the  Contractor  of  the  amount  certified  by 
the  Board  shall  not  be  deemed  the  waiver  of  his  right  to  appeal. 
And,  if  the  payment  upon  such  appeal  shall  be  determined  to  be 
too  small,  then  upon  such  determination  the  City  shall  forthwith 
upon  a  voucher  certified  by  the  Board  pay  to  the  Contractor  the 
additional  amount  awarded  upon  such  appeal. 

At  a  date  not  later  than  the  time  when  two-thirds  (2/3)  in 
value  of  the  work  which  the  Contractor  shall  be  bound  to  do,  not 
including  Equipment,  shall  have  been  finished  and  certified  by  the 
Engineer  (but  subject  to  appeal  as  aforesaid),  the  Contractor 
shall  begin,  and  shall  thereafter  diligently  proceed  with,  the  pro- 
vision of  the  Equipment  of  the  Railroad,  and  such  provision  shall 
proceed  at  such  rate  as  that  the  Equipment  shall  be  completely 
ready  for  use  three  (3)  months  in  advance  of  the  complete  Con- 
struction of  the  Railroad. 

The  Contractor  shall  furnish  the  Board  with  satisfactory  evi- 
dence that  all  persons  who  shall  have  done  work  or  furnished  ma- 
terials in  the  Construction,  and  who  shall  have  given  written  no- 
tice to  such  Board  before,  or  within  ten  (10)  days  after,  the  final 
completion  and  acceptance  of  the  whole  work  required  under  this 
contract,  that  any  balance  for  such  work  or  materials  is  due  and 
unpaid,  have  been  fully  paid  and  satisfactorily  secured ;  and  in  case 


Chapter  II. — Agreement  for  Construction 

such  evidence  is  not  furnished  as  aforesaid  such  amount  as  may 
be  necessary  to  meet  the  claims  of  the  persons  aforesaid  may  be 
retained  from  the  money  due  to  the  Contractor  under  this  agree- 
ment until  the  liabilities  aforesaid  shall  be  fully  discharged  or  such 
notice  or  notices  withdrawn. 

If  at  the  time  of  any  such  requisition  any  lien  shall  have  been  Liens  for  work 
filed  against  the  Contractor  on  the  Railroad  or  any  part  thereof  c 
against  the  amount  payable  to  the  Contractor  under  the  provisions 
of  this  contract  by  any  person  or  corporation  entitled  to  file  the 
same  for  work,  labor,  or  services  done  or  performed,  or  for  ma- 
terials furnished  to  the  Contractor  in  or  about  the  Construction,  an 
amount  reasonably  sufficient  to  pay  and  discharge  such  lien  and  to 
pay  the  costs  of  foreclosure  thereof  shall  be  retained  by  the  Comp- 
troller from  the  amount  which  would  be  otherwise  payable  to  the 
Contractor  on  such  requisition,  until  the  said  lieri  shall  be  dis- 
charged or  secured  as  provided  by  law.  If  such  lien  shall  be  fore- 
closed according  to  law  then  the  Comptroller  may  pay  the  said 
amount  found  due  upon  such  lien  by  the  judgment  in  the  fore- 
closure action  to  the  person  entitled  thereto,  and -such  payment 
shall  be  deemed  a  payment  hereunder  to  the  Contractor.  If  the 
sum  so  retained  shall  not  be  sufficient  to  discharge  the  lien  so  fore- 
closed, the  deficiency  shall  be  retained  by  the  Comptroller  out  of 
the  next  moneys  coming  due  to  the  Contractor. 

The  Contractor  shall  fully  meet  and  duly  pay  the  amount 
of  any  loss  or  damage  caused  or  done  to  the  City  or  that  the  City 
may  suffer  from  any  injury  to  any  person  or  the  property  of  any 
person  through  the  negligence,  fault  or  default  in  the  course  of 
Construction  of  the  Contractor  or  of  any  sub-contractor  employed 
by  him  or  with  his  assent. 

In  case  any  claim  shall  be  made  by  any  person  or  corporation 
against  the  Contractor  or  the  City  for  loss  or  damage  to  person  or 
property  caused  by,  or  arising  from,  or  alleged  to  have  been 
caused  by,  or  to  have  arisen  from,  any  negligence,  fault  or  default 
of  the  Contractor  the  amount  of  such  claim  or  so  much  thereof  as 
the  Board  shall  deem  reasonable,  shall,  upon  the  requirement  and 
in  the  discretion  of  the  Board,  be  retained  by  the  Comptroller  out 
of  any  moneys  thereafter  growing  due  to  the  Contractor  hereunder 
(in  addition  to  the  other  sums  hereinbefore  authorized  to  be  so  re- 
tained), as  security  for  the  payment  of  such  claim  or  claims.  If 
and  when  the  liability  of  the  City  or  the  Contractor  on  such  claim 
or  claims  shall  have  been  fully  established  by  a  judgment  of  a 

31 


Chapter  II. — Agreement  for  Construction 


Specifications  and 
drawings  subject 
to  requirement  of 
railroad  of 
highest  grade. 


Where  text  of 
Contract  doubtful, 
best  materials  and 
workmanship 
required. 


court  of  competent  jurisdiction,  or  shall  have  been  admitted  by 
the  Contractor  to  be  valid  as  against  itself,  the  said  claim  or  claims 
shall  be  paid  from  the  amount  so  retained  and  the  balance,  if  any, 
paid  to  the  Contractor. 

The  specifications  and  contract-drawings  hereinafter  mentioned 
and  the  other  and  additional  provisions  of  this  contract,  are  in- 
tended by  the  Board  to  be  full  and  comprehensive,  and  to  show  all 
the  work  required  to  be  done.  But  in  a  work  of  this  magnitude  it 
is  impossible  either  to  show  in  advance  all  details,  or  to  precisely 
forecast  all  exigencies.  The  specifications  and  contract-drawings 
are  to  be  taken,  therefore,  as  indicating  the  amount  of  work,  its 
nature  and  method  of  construction  so  far  as  the  same  are  now  dis- 
tinctly apprehended.  But  the  Contractor  understands,  and  it  is 
expressly  agreed,  that  there  is  included  within  its  obligation  the 
complete  Construction  and  Equipment  of  the  Railroad  as  herein 
contemplated.  The  Railroad  is  to  be  constructed  for  actual  use 
and  operation  as  an  intra-urban  railroad  of  the  highest  class, 
adapted  to  the  necessities  of  the  people  of  The  City  of  New  York. 
It  is  to  be  used  and  operated  as  provided  in  Chapter  III.,  the 
Lease.  The  Contractor  shall  construct,  complete  and  fully  equip 
the  Railroad  in  the  best  manner,  according  to  the  best  rules  and 
usages  of  railway- construction,  so  that  the  Railroad  shall  be  thor- 
oughly fitted  for  safe,  continuous,  immediate  and  full  operation  in 
the  manner  and  subject  to  the  requirements  of  Chapter  III.,  the 
Lease.  If,  in  the  specifications  or  contract-drawings  or  in  the  pro- 
visions of  this  contract,  any  detail  or  other  matter  or  thing  requi- 
site for  such  operation  in  such  manner  and  subject  to  such  require- 
ments be  not  mentioned,  nevertheless  the  same  is  deemed  to  be  in- 
cluded, and  the  Contractor  hereby  undertakes  to  do  the  same  as 
part  of  its  work  hereunder.  And  it  is  expressly  agreed  that  the 
price  to  be  paid  the  Contractor  as  herein  prescribed  includes  full 
compensation  for  every  such  detail,  matter  and  thing. 

In  the  event  of  any  doubt  as  to  the  meaning  of  any  portion  or 
portions  of  the  specifications  or  contract-drawings,  or  of  the  text 
of  the  contract,  the  same  shall  be  interpreted  as  calling  for  the  best 
construction,  both  as  to  materials  and  workmanship,  capable  of 
being  supplied  or  applied  under  the  then  existing  local  conditions. 
This  provision,  by  way  of  illustration  (but  of  illustration  only), 
implies  the  requirement  that  the  interior  surface  of  every  part  of 
the  tunnel  containing  the  railway  shall  be  entirely  free  from  per- 
colation of  ground  or  other  water  from  without ;  the  requirement 


Chapter  II. — Agreement  for  Construction 

throughout  of  a  structure  whose  component  parts  shall  be  of  as 
permanent  and  durable  a  character  as  practicable ;  the  requirement 
that  the  steel  and  such  other  parts  of  the  structure  as  are  liable  to 
rust  and  decay  shall  be  fully  protected  from  such  action;  the  re- 
quirement that  the  track  and  roadbed  shall  be  such  that  trains  such 
as  are  described  in  Chapter  III.,  the  Lease,  can  be  run  thereon  with 
safety  and  comfort  at  the  highest  practically  attainable  speeds; 
and  the  requirement  that  there  shall  be  adequate  stations.  All  the 
clauses  of  the  specifications,  and  all  the  parts  of  the  contract-draw- 
ings, are,  therefore,  to  be  understood,  construed  and  interpreted 
as  intending  to  produce  the  results  hereinbefore  stated. 

The  plans  referred  to  in  the  specifications  hereinafter  contained   Plans  and 

,  .     Contract 

are  twenty-six  (26)  in  number,  bear  date  June  I2th,  1902,  are  each   drawings. 

countersigned  by  the  Engineer,  are  stamped  with  the  seal  of  the 
Board  and  bear  the  general  title,  Original  Contract  No.  2, 
Contract  Drawing  No.  The  sheets  are  as  follows : 

Xos.  2  A  i  to  2  A  7  inclusive ;  Nos.  2  B  i  to  2  B  1 1  inclusive ;  Nos. 
2  C  i  to  2  C  8  inclusive. 

The  sections  and  dimensions  of  all  parts  shown  on  the  contract- 
drawings  are  typical  sections  and  dimensions  applicable  to  the 
greater  part  of  the  work,  and  where  no  extraordinary  conditions 
exist.  Where  such  conditions  do  exist,  or  where  unforeseen  con- 
tingencies arise,  such  as  the  encountering  of  quicksand  or  other 
bad  material,  or  when  provision  must  be  made  for  the  support  of 
elevated  railroad  columns,  or  when  there  are  buildings,  monu- 
ments or  other  structures  whose  foundations  are  of  such  a  charac- 
ter as  to  bring  an  undue  thrust  upon  the  tunnel,  or  other  similar 
circumstances  exist,  then  and  in  every  such  case  the  Board  may 
issue  such  special  plans,  duly  countersigned  by  the  Engineer,  and 
accompanied  by  specifications  explanatory  thereof,  or  describing 
the  method  of  construction,  changing  the  sections  or  the  dimen- 
sions of  the  parts  or  'the  materials  of  the  structure ;  and  such  spe- 
cial plans  and  specifications  when  so  issued  shall  be  binding  on  the 
Contractor. 

In  addition  to  the  contract-drawings  already  mentioned,  the  Supplementary 
Board  has  had  prepared  a  set  of  maps  and  plans,  bearing  the  same 
seal,  general  title  and  date  as  the  contract-drawings,  but  desig- 
nated as  Supplementary  Drawings  which  are  signed  by  the 
Engineer  and  marked  Nos.  2  D  i  to  2  D  25  inclusive.  These  sup- 
plementary drawings  exhibit  certain  information  which  the  Board 
has  received  from  its  Engineer  of  the  nature  of  the  soil  underly- 

33 


Chapter  II. — Agreement  for  Construction 


Board  may  dis- 
approve sub-con- 
tractors. 


Contractor   ap- 
proves plans  as 
involving    no 
damage. 


ing  portions  of  the  route,  the  nature  and  position  of  elevated  and 
surface  railways,  water  mains,  gas  and  other  pipes,  sewers,  electric 
subways,  manholes,  hydrants,  catch  basins,  and  other  surface  and 
sub-surface  structures.  The  supplementary  drawings  have  been 
exhibited  to  the  Contractor  without  any  guaranty  on  the  part  of 
the  Board  as  to  their  completeness  or  correctness ;  and  the  Con- 
tractor may,  at  its  option  and  at  the  expense  of  the  Board,  have 
copies  thereof  for  such  aid,  if  any,  as  the  Contractor  may  derive 
from  them.  If,  upon  opening  the  streets,  tunneling  or  otherwise, 
difficulties  of  any  nature  be  encountered  which  are  not  indicated  or 
suggested  by  the  supplementary  drawings,  or  if  additional  surface 
or  sub-surface  structures  or  obstructions  be  discovered  or  found 
of  different  size  or  in  different  positions  or  of  different  nature 
from  those  shown  on  the  supplementary  drawings,  or  if  in  any 
way  such  supplementary  drawings  be  found  erroneous,  the  Con- 
tractor shall  have  no  claim  whatever  for  any  such  failure,  discrep- 
ancy, or  error,  but  is  to  take  every  necessary  or  proper  precaution 
to  overcome  the  unforeseen  difficulty,  and  is  to  take  care  of,  pro- 
tect, remove,  adjust  or  readjust,  as  the  case  may  be,  the  additional 
or  different  surface  or  sub-surface  structures  according  to  the  di- 
rection of  the  Engineer. 

The  Contractor  shall,  before  making  any  sub-contract  of  its 
work,  in  writing  state  to  the  Board  the  name  of  such  sub-con- 
tractor, the  portion  of  the  work  which  such  sub-contractor  is  to 
do  or  the  materials  which  such  sub-contractor  is  to  furnish,  the 
place  of  business  of  such  sub-contractor  and  such  information  as 
the  Board  may  require  to  enable  it  to  know  whether  such  sub- 
contractor is  able  competently  to  do  the  work  or  provide  the  ma- 
terials. The  Board  shall  have  the  right  upon  reasonable  grounds 
to  require  the  Contractor  not  to  award  any  sub-contract  to  a  per- 
son disapproved  by  the  Board. 

The  Contractor  admits  and  covenants  to  and  with  the  City  that 
the  plans  and  specifications  and  other  provisions  of  this  contract 
for  construction,  if  the  work  be  done  without  fault  or  negligence 
on  the  part  of  the  Contractor,  do  not  involve  any  danger  to  the 
foundations,  walls  or  other  parts  of  adjacent  buildings  or  struc- 
tures or  to  navigation  of  the  East  River ;  and  the  Contractor  shall 
at  its  own  expense  make  good  any  damage  that  shall,  in  the  course 
of  construction,  be  done  to  any  such  foundations,  walls  or  other 
parts  of  adjacent  buildings  or  structures  or  to  navigation. 

The  Contractor  shall  during  the  performance  of  the  work  safely 


34 


Chapter  II.  —  Agreement  for  Construction 

maintain  the  traffic  on  all  streets,  avenues,  highways,  parks,  waters  Traffic  to  be 

or  other  public  places  in  connection  with  the  work,  and  take  all 

necessary  precautions  to  place  proper  guards  for  the  prevention 

of  accidents,  and  put  up  and  keep  at  night  suitable  and  sufficient 

lights  and  indemnify  and  save  harmless  the  City  against  and  from  indemnification 

all  damages  or  costs  to  which  it  may  be  put  by  reason  of  injury  for  accidents. 

to  the  person  or  property  of  another  or  others,  resulting  from 

negligence  or  carelessness  in  the  performance  of  the  work  or  from 

guarding  the  same,  or  from  any  improper  materials  used  in  its 

construction,  or  by  or  on  account  of  any  act  or  omission  of  the 

Contractor  or  the  agents  thereof. 

The  Contractor  shall  be  responsible  for  all  damage  which  may  Contractor's  lia- 

be  done  to  adjacent  property  or  buildings  or  structures  thereon  or  blllty  fo.r  damage 

,   .      to  abutting 
to  navigation  or  to  any  other  property  or  right  by  the  method  in  property. 

which  the  Construction  hereunder  shall  be  done,  but  not  including 
any  such  damage  which  shall  necessarily  arise  from  proper  con- 
struction pursuant  to  this  contract,  or  the  reasonable  use,  occupa- 
tion or  obstruction  of  the  streets  or  other  places  thereby,  except 
and  provided,  however  that  the  Contractor  shall  and  hereby  does 
assume  responsibility,  as  hereinbefore  provided,  for  all  damage 
done  in  the  course  of  construction  to  the  foundations,  walls  or 
other  parts  of  adjacent  buildings  or  structures  or  to  navigation. 
The  Contractor  shall  obey  any  order  of  the  Engineer  to  support  or 
secure  adjacent  property  or  any  surface  or  structure  thereon  ;  but 
the  Contractor  shall  not  be  relieved  of  responsibility  by  any  failure 
or  omission  of  the  Engineer  to  give  any  such  order  or  notice  of 
any  danger. 

The  Contractor  shall  at  all  times  give  to  the  Board  and  its  mem-  inspection 
bers,  to  the  Engineer  and  the  assistants  and  superintendents  under 
the  Engineer,  and  any  person  designated  by  the  Board  or  its  presi- 
dent, all  facilities,  whether  necessary  or  convenient,  for  inspecting 
the  materials  to  be  furnished  and  the  work  to  be  done  under  this 
contract.  The  members  of  the  Board,  the  Engineer  and  any 
superintendent,  assistant  or  other  person  bearing  his  authorization 
or  the  authorization  of  the  Board  or  its  president,  shall  be  admit- 
ted at  any  time  summarily  and  without  delay  to  any  part  of  the 
work  or  to  inspection  of  materials  at  any  place  or  stage  of  their 
manufacture,  preparation,  shipment  or  delivery.  . 

Any  engineer  substituted  by  the  Board  in  place  of  the  Chief  Substitute 


Engineer  during  his  absence,  illness  or  inability  or  when  the  Board  £?r 
shall  so  determine,  shall,  during  his  official  connection,  have  all 

35 


Chapter  II. — Agreement  for  Construction 


Contractor  bound 
to  complete  in 
best  manner. 


Best   materials, 
machinery,  tools, 
etc.,  to  be  used. 


Construction  in- 
cludes sewer  and 
other  incidentals. 


the  power  and  authority  of  the  Chief  Engineer,  and  in  all  respects 
be  recognized  as  such  Chief  Engineer. 

The  Contractor  shall  complete  the  entire  work  in  accordance 
with  the  specifications  and  contract-drawings  and  according  to  the 
other  provisions  of  this  contract  and  within  the  times  specified  in 
this  contract  in  the  most  workman-like  manner  and  with  the  high- 
est regard  to  the  safety  of  life  and  property  and  according  to  the 
lines,  levels  and  directions  given  by  the  Engineer,  for  the  price 
herein  agreed  upon,  except  that  for  extra  work,  if  any,  ordered  by 
the  Board  there  shall  be  additional  payment  as  hereinbefore  pro- 
vided, and  except  that  for  part  or  parts  of  the  work,  if  any,  omit- 
ted, there  shall  be  deduction  from  the  contract  price  as  hereinbe- 
fore provided. 

The  Contractor  is  to  furnish  of  the  best  description  all  materials, 
machinery,  implements,  tools  and  labor  necessary  to  construct  and 
put  in  complete  working  order  all  work  covered  by  the  specifica- 
tions, contract-drawings  and  other  provisions  of  this  contract  in- 
cluding all  additional  specifications,  drawings  and  details  issued 
or  required  as  herein  provided. 

In  order  to  construct  the  Railroad  it  will  be  necessary  to  take 
up  and  relay  the  pavement  or  other  surface  material,  to  protect 
and  support  during  construction  all  buildings  and  other  structures 
including  their  foundations  and  all  elevated  and  surface  railways, 
water  mains,  gas  pipes,  electric  subways,  pneumatic  tubes,  steam 
pipes  and  other  sub-surface  structures,  together  with  their  neces- 
sary connections,  as  the  same  may  be  met  with  along  the  route ; 
to  build  sewers  both  along  the  route  and  other  streets ;  to  make 
or  remake  the  necessary  manholes,  catch  basins  and  other  sewer 
connections  therewith ;  to  move,  alter,  readjust  or  rebuild  water- 
mains,  gas  pipes,  electric  subways,  pneumatic  tubes,  steam  pipes 
and  other  subsurface  structures,  together  with  their  necessary  con- 
nections ;  and  to  do  all  such  additional  and  incidental  work  as  may 
be  necessary  for  the  completion  of  the  Railroad  and  the  final 
restoration  of  the  street  or  other  surface  adjacent  to  the  route  of 
the  railroad  and  which  may  have  been  directly  or  indirectly  dis- 
turbed by  the  Contractor  in  the  progress  of  the  work  of  construc- 
tion to  as  useful  and  good  a  condition  as  existed  before  construc- 
tion shall  have  been  begun.  All  such  work  of  every  description 
is  part  of  the  work  of  Construction  of  the  Railroad  included  within 
this  contract. 

The  following  are  specifications  of  the  work,  but  it  is  expressly 


Chapter  II. — Agreement  for  Construction 

understood  that  such  specifications  do  not  include  all  requirements.  Specifications  not 
but  are  requirements  in  addition  to  those  heretofore  or  elsewhere  excl1 
given  or  provided  in  this  contract.  The  specifications  and  other 
provisions  of  this  contract,  and  the  contract  drawings,  are  intended 
to  be  explanatory  of  each  other.  Should,  however,  any  discrep- 
ancy appear  or  any  misunderstanding  arise  as  to  the  import  of 
anything  contained  in  either,  the  explanation  of  the  Engineer  shall 
be  final  and  conclusive,  except  that,  upon  any  claim  by  the  Con-- 
tractor that  it  has  been  called  upon  to  do  work  or  furnish  materi- 
als in  excess  in  quantity  or  value  of  those  called  for  by  the  terms 
of  this  contract,  it  shall  be  entitled  to  appeal  and  to  a  determination 
by  arbitrators  or  by  an  arbitrator  and  umpire,  as  hereinbefore  pro- 
vided, and  to  a  correction  by  way  of  money  allowance  to  it  of  any 
error  of  the  Engineer. 


Chapter  II. — Specifications. 


SPECIFICATIONS. 
These  specifications  are  grouped  in  subdivisions  as  follows : 

(39)      i.  General  Description  of  the  Work. 

(41)  2.  Manner 'of  Prosecution. 

(42)  3.  Excavation. 

(45)  4.  Backfilling. 

(46)  5.  Piling  and  Timbering. 

(47)  6.  Tunnelling. 

(48)  7.  Cement 
(50)  8.  Mortar. 
(50)  9.  Concrete. 

(52)    10.  Brick  Masonry. 

(54)  ii.  Stone  Masonry. 

(55)  12.  Waterproofing. 

(58)  13.  Drains  and  Pumps. 

(59)  14.  Steel  and  Iron. 

(64)  15.  Painting. 

(65)  1 6.  Track. 
'(70)    17.  Ducts. 

(72)    18.  Sewers. 
(86)    19.  Water  Mains. 

(90)  20.  Paving. 

(91)  21.  Maintenance    of    Street   Railway    Tracks,    Mains    and 

other  Surface  or  Subsurface  Structures. 

(92)  22.  Stations. 

(95)  23.  Terminals. 

(96)  24.  Equipment. 

(97)  25-  General  Clauses. 


Chap.  II. — Specifications:    General  Description 


i.     GENERAL    DESCRIPTION. 

The  railway  to  be  built  commences  at  a  point  near  the  inter-  Manhattan 
section  of  Park  Row  and  Broadway,  being  the  southern  terminus 
of  the  railway  now  under  construction,  under  a  contract  known 
as  Original  Contract  No.  I.  From  this  point  there  commences  a 
two-track  line  running  under  Broadway,  Bowling  Green,  Battery 
Place,  State  Street  and  Battery  Park,  with  a  loop  under  Battery 
Park  and  Whitehall  Street;  all  of  which  railway  shall  be  known 
as  the  Manhattan  Line. 

At  a  convenient  point  immediately  south  of  the  station  to  be  Brooklyn 
constructed  under  Bowling  Green  there  will  be  a  junction  with 
both  the  tracks  of  the  Manhattan  Line,  from  which  junction  there 
will  be  built  two  tracks  under  Battery  Park  and  State  Street, 
Whitehall  Street,  South  Street,  Piers  Nos.  2,  3  and  4;  thence 
under  the  East  River  and  under  Piers  Nos.  16  and  17  on  the 
Brooklyn  shore  to  Furman  Street,  and  thence  under  Joralemon 
Street,  Fulton  Street  and  Flatbush  Avenue  to  the  intersection  of 
Flatbush  and  Atlantic  Avenues ;  all  of  which  line  shall  be  known 
as  the  Brooklyn  Line. 

The  junction  between  the  Brooklyn  Line  and  the  Manhattan  Junction. 
Line  is  so  arranged  that  the  tracks  of  the  Brooklyn  Line  will 
pass  under  the  tracks  of  the  Manhattan  Line  at  a  point  under 
Battery  Park,  so  as  to  avoid  a  grade  crossing.     All  parts  of  the 
Manhattan  and  Brooklyn  Lines  will  be  underground. 

Stations  will  be  located  on  the  Manhattan  Line :  between  Ful-  Stations, 
ton  and  John  Streets ;  at  Rector  Street ;  at  Bowling  Green  and  at 
South  Ferry ;  and  on  the  Brooklyn  Line ;  at  Borough  Hall ;  at 
Hoyt  Street ;  at  the  intersection  of  Flatbush  Avenue  and  Fulton 
Street,  and  at  the  intersection  of  Flatbush  and  Atlantic  Avenues. 

In  addition  to  the  construction  of  the  railway  itself,  it  will  be   Surface  and 
necessary  to  construct  or  re-construct  certain   sewers,  together   structures 
with  house  and  other  sewer  connections  and  to  adjust,  re-adjust 
and  maintain  railways,  pipes,  subways,  and  other  surface  and  sub- 
surface   structures,   and   to   relay   the   street   pavement,   both   on 

39 


Chap.  II. — Specifications:    General  Description 


Lines  and 
Grades. 


Detailed 
drawings. 


Working  and 
shop  drawings. 


streets  occupied  by  and  on  streets  other  than  those  occupied  by 
the  route  of  the  railway. 

The  above  description  of  the  Manhattan  and  Brooklyn  Lines, 
and  the  sewers  off  the  route  of  the  railway,  is  told  in  general 
language,  but  the  location  of  the  various  tracks,  junctions,  loops, 
grades,  termini,  etc.,  are  set  forth  more  particularly  on  the  ac- 
companying Contract  Drawings. 

During  the  progress  of  the  work  the  Board  will  give,  through 
the  Engineer,  to  the  Contractor,  suitable  points,  marks  or  benches, 
indicating  the  line  and  grade  of  the  railway  and  of  the  sewers; 
such  points  or  bench  marks  being  established  at  such  intervals 
as  the  Engineer  deems  necessary  for  the  Contractor  to  be  able 
to  perform  its  work. 

The  Engineer  will  prepare  and  furnish  to  the  Contractor,  from 
time  to  time  as  required,  drawings  and  plans  amplifying  such 
details  of  the  Contract  Drawings  as  may  be  necessary,  and  draw- 
ings and  plans  necessary  to  show  the  adjustment  and  reconstruc- 
tion of  all  surface  and  subsurface  structures  wherever  the  recon- 
struction of  the  same  is  necessitated  by  the  construction  of  the 
railway. 

The  Contractor  shall  make  all  working  or  shop  drawings  which 
may  be  required  in  addition  to  the  Contract  Drawings,  or  in  addi- 
tion to  such  other  drawings  as  the  Board  may  issue  in  amplifica- 
tion of  such  Contract  Drawings  as  explained  above.  All  work- 
ing or  shop  drawings  shall  be  submitted  in  duplicate  to  the  En- 
gineer for  his  approval,  which  approval  shall  be  indicated  by  his 
countersigning  one  set  of  such  working  or  shop  drawings  and 
returning  the  same  to  the  Contractor.  Should  the  working  or 
shop  drawings  be  not  in  accordance  with  the  Contract  Drawings 
and  Specifications,  then  the  Engineer  shall  return  one  set  of  such 
working  .or  shop  drawings,  with  the  necessary  corrections  and 
changes  indicated  thereon,  and  the  Contractor  must  make  such 
corrections  and  changes,  and  again  submit  plans  in  duplicate  for 
the  approval  of  the  Engineer;  and  no  work  shall  be  done  upon 
said  working  or  shop  drawings  until  the  approval  of  the  Engineer 
be  obtained,  except  as  specified  below.  In  the  event  of  the 
Engineer  failing  to  take  any  action  within  ten  ( 10)  working  days 
after  delivery  to  him  at  his  office  of  such  plans  in  duplicate,  such 
failure  shall  be  taken  as  equivalent  to  approval  and  the  Contractor 


40 


Chap.  II. — Specifications:    Manner  of  Prosecution 

• 

shall  be  entitled  to  proceed  exactly  the  same  as  if  one  set  had  been 
returned  to  him  with  the  Engineer's  approval  indicated  by  his 
signature. 


2.    MANNER  OF  PROSECUTION. 

All  the  work  shall  be  prosecuted  in  the  manner  according  to  Rapidity 
local  conditions  best  calculated  to  promote  rapidity  in  construe-  an     sa  ety' 
tion,  to  secure  safety  to  life  and  property,  and  to  reduce  to  the 
minimum  any  interference  with  the  public  travel. 

Special  care  must  be  taken  to  diminish  damage  wherever  open 
excavation  is  permitted,  and  the  width  of  such  excavation  must 
not  exceed  the  width  actually  necessary,  in  the  opinion  of  the 
Engineer,  for  the  proper  prosecution  of  the  work. 

Wherever,  in  the  judgment  of  the  Board,  traffic  or  other  local  Night  work, 
conditions  demand,  the  work  shall  be  prosecuted  during  the  night 
only  or  during  both  night  and  day;  and  at  all  points  the  Board 
shall  have  power  to  require  the  Contractor  to  so  conduct  its  work 
that  it  shall  not  remain  open  or  obstruct  traffic  an  unreasonable 
length  of  time.  In  addition  to  the  above  general  requirements  the 
Contractor  shall  conduct  its  work  in  compliance  with  the  follow- 
ing special  requirements : 

For  that   portion   of  the   route  under  Broadway   between  the   Broadway, 
point  of  beginning  and  the  north  end  of  Bowling  Green,  and  ^ajn-    ~ 
that  portion  of  the  route  in  Brooklyn  between  Borough  Hall  and   Brooklyn.' 
Flatbush  Avenue,  work  shall  not  be  begun  at  any  point  until  a 
statement  has  been  filed  with  the  Engineer,   showing  that  the 
material  needed  for  construction  at  such  point  has  been  acquired 
and  is  on  hand.  •  When  construction  has  been  begun  the  same 
shall  be  prosecuted  with  all  possible  energy,  with  at  least  two  (2) 
shifts  of  eight  (8)  hours  each  every  working  day.     Before  com- 
mencing construction  the  Contractor  shall  furnish  to  the  Engineer, 
and  receive  his  approval  thereto,  a  plan  indicating  its  method  of 
procedure ;  such  plan  shall  require  that  on  week  days  between  the 
hours  of  8  A.  M.  and  6  P.  M.  the  surface  of  Broadway  shall  be 
maintained  in  a  condition  for  ordinary  travel,  except  in  such  man- 
ner and  in  such  places  as  the  Engineer  in  writing  may  permit. 

For  that  portion  of  the  route  under  Bowling  Green,  Battery  parks. 
Park  and  Borough  Hall  in  Brooklyn  and  other  public  parks  or 
parkways,  such  reasonable  precautions  must  be  taken  to  protect 


Chap.  II. — Specifications'-  Excavation 


Wharves 
and  docks. 


East  River. 


Other  portions 
of  the  route. 


from  injury  all  trees,  shrubs,  other  plants  and  grass-plots,  as 
may  be  called  for  by  the  authorities  specially  charged  with  the 
care  of  the  public  parks.  Such  trees  as  are  found  along  the  line 
of  the  route  and  between  the  necessary  side  lines  of  excavation, 
are  to  be  properly  supported  in  place,  if  in  the  judgment  of  the 
Engineer  such  trees  can  thereby  be  saved.  For  every  tree  re- 
moved or  killed,  the  Contractor  shall  set  out  a  new  thrifty  tree 
of  similar  kind  of  a  height  not  less  than  fifteen  (15)  feet,  ana 
of  a  diameter  not  less  than  three  and  one-half  (3^2)  inches,  in 
such  a  position  as  the  superintendent  of  public  parks  shall  indi- 
cate. All  roads,  crosspaths,  grassplots,  shrubbery  and  other  plants, 
removed  or  affected  by  the  construction  of  the  railroad,  shall  be 
restored  as  soon  as  possible  to  as  good  a  condition  as  existed 
before  commencing  operations. 

For  that  portion  of  the  route  adjoining  wharves  and  docks  the 
work  must  be  so  prosecuted  as  to  permit  free  access  to  neighboring 
wharves  and  docks. 

For  that  portion  of  the  route  under  and  adjacent  to  the  East 
River,  work  shall  be  prosecuted  by  tunneling  from  shafts  located 
inside  the  pierhead  lines,  and  no  staging  or  any  structure  will  be 
permitted  outside  the  pierhead  lines  without  the  special  permission 
of  the  Board. 

For  all  other  portions  of  the  route  not  otherwise  specified,  the 
Contractor  will  be  permitted  to  conduct  its  work  in  the  most  ex- 
peditious manner  possible,  having  due  regard  for  the  safety  of 
persons  and  property  and  under  such  reasonable  instructions  as 
the  Engineer  may  give  from  time  to  time  as  to  facilities  to  be  fur- 
nished by  the  Contractor  for  the  benefit  of  street  travel,  both 
longitudinal  and  cross. 

No  building  shall,  without  the  consent  of  the  occupant,  be 
deprived  of  reasonable  means  of  access  thereto ;  and,  where  streets 
are  open,  proper  and  easy  means  for  passengers  to  reach  or  leave 
street  cars  shall  be  maintained. 


Access  to  fire 
hydrants. 


3.     EXCAVATION. 

Wherever  the  work  is  being  carried  on  by  open  excavation,  free 
access  must  be  given  to  every  fire  hydrant  and  fire  alarm  box,  and 
when  required  hydrants  shall  be  extended  by  suitable  tube  or  pip- 
ing to  an  accessible  point  as  approved  by  the  Engineer.  At  all 


Chap.  II. — Specifications'-  Excavation 

times  and  in  all  places  no  materials  must  be  piled  within  ten  ( 10) 
feet  of  any  fire  hydrant  or  fire  alarm  box ;  and  where  materials 
are  piled  near  to  a  fire  hydrant  or  fire  alarm  box,  and  to  such 
height  as  to  obscure  a  sight  of  the  same,  the  position  of  such 
hydrant  or  fire  alarm  box  shall  be  indicated  by  suitable  signals, 
both  day  and  night.  All.  work  in  excavation  must  be  so  con- 
ducted, or  bridged  if  necessary,  as  to  give  the  Fire  Department 
access  at  all  times  and  in  all  places  to  any  building  or  buildings  for 
the  extinguishing  of  a  fire. 

Trenches  shall  be  excavated  to  such  depth  in  soft  ground  as  Depth  of 
may  be  necessary  to  permit  the  laying  of  such  concrete  bed  or 
special  foundation  as  may  be  deemed  necessary  by  the  Engineer. 
In  rock  they  shall  be  excavated  to  such  depth  that  no  projecting 
point  of  rock  shall  be  within  two  (2)  inches  of  the  floor  water- 
proofing. 

Such  excavated  sand,  gravel  or  stone  as  in  the  judgment  of  the  Material 
Engineer  is  suitable  for  use  in  mortar,  concrete,  or  masonry,  may  s 
be  stored  and  used  in  the  work. 

All  excavated  material  not  required  for  construction  of  the  sub-  Ma*e.rial   removed 
,    .,    ,.  ~.,      ,     T  ,  to  Rikers  Island, 

way  shall,  if  directed  by  the  Board,  be  taken  to  Riker  s  Island, 

and  there  deposited,  as  directed  by  the  Engineer ;  provided  that 
the  work  of  re-handling  at  that  point,  other  than  dumping,  shall 
be  done  by  the  City,  and  with  reasonable  dispatch. 

No  material  of  any  nature  will  be  piled  along  Broadway  in  Man- 
hattan, or  Fulton  Street  in  Brooklyn,  or  any  streets  adjacent 
thereto. 

Material  shall  be  removed  expeditiously  and  disposed  of,  except  Removed 
as  stated  above,  in  any  place  selected  by  the  Contractor,  subject  expec 
to  the  ordinances  and  regulations  of  the  City  authorities  govern- 
ing the  disposal  of  such  material,  and  the  regulations  of  the  United 
States  Government  as  to  the  disposal  or  dumping  of  material  in 
and  about  or  near  the  Harbor  of  New  York. 

All  material  which  with  the  permission  of  the  Board  may  be 
left  temporarily  in  the  street,  shall  be  watered  by  the  Contractor 
when  so  directed  by  the  Engineer. 

For  the  purpose  of  facilitating  construction  and  to  diminish  the  Temporary 
period  of  occupancy  of  any  street  for  the  transportation  of  mate- 
rial, the  Contractor  may,  with  the  approval  of  the  Board,  lay,  upon 
or  over  the  surface  of  any  street,  temporary  tramways  to  be  used 
only  for  the  removal  of  excavated  materials  and  for  the  transpor- 

43 


Chap.  II — Specifications:   Excavation 


Carts  to  be 
tight. 


Width  of 
excavation. 


Sides  to  be 
secured. 


Quicksand. 


Pumping. 


tation  of  materials  for  use  in  construction,  provided,  however,  that 
any  such  tramway  shall  be  forthwith  removed  upon  the  direction 
of  the  Board. 

All  carts,  buckets  or  other  vehicles  used  by  the  Contractor  for 
the  removal  of  material,  shall  be  tight  and  so  arranged  and  so 
loaded  as  not  to  spill  over  the  top.  Whenever  a  cart,  bucket  or 
other  vehicle  so  used  is  leaky  or  unsuitable,  it  shall  be  immediately 
withdrawn,  from  the  work  on  notification  by  the  Engineer  or  his 
duly  qualified  assistant  in  charge  of  that  portion  of  the  work. 

All  open  excavations  shall  be  of  such  width,  in  addition  to  that 
of  the  railway,  as  shall  be  necessary  in  the  opinion  of  the  Engineer, 
for  the  proper  and  expeditious  progress  of  the  work,  and  to  permit 
the  laying  and  readjusting  of  all  sewers,  mains,  subways  and  other 
subsurface  structures  encountered  along  the  route. 

The  sides  of  the  excavations  shall  be  secured  against  slips  by 
suitable  sheet-piling  or  sheeting,  held  in  place  by  braces,  shores, 
or  waling  strips,  special  precautions  being  taken  where  there  is 
additional  pressure  due  to  the  presence  of  buildings  or  other  struc- 
tures. The  Engineer  may  order  additional  braces  and  supports, 
and  the  same  shall  be  promptly  put  in  place  by  the  Contractor.  All 
such  sheet-piling,  sheeting,  bracing,  shores  and  waling  strips,  shall 
be  put  in  place  by  workmen  especially  skilled  for  that  purpose, 
and  shall  be  so  arranged  as  to  permit  their  being  safely  withdrawn 
when  the  trenches  are  being  backfilled.  In  the  event  of  encounter- 
tering  quicksand,  subsurface  streams  or  similar  dangerous  contin- 
gencies, or  where  passing  especially  heavy  buildings  which  by 
their  construction  or  position  might  bring  a  great  pressure  upon 
the  trenches,  the  right  is  reserved  by  the  Board  for  the  Engineer 
to  direct  that  such  buildings  shall  be  underpinned,  or  that  special 
sheeting  shall  be  driven  in  such  manner  and  to  such  depth  as  the 
Engineer  directs,  or  that  but  a  short  length  of  trench  shall  be 
opened  at  one  time,  and  furthermore  to  direct,  if  necessary,  that 
the  same  shall  be  securely  sheeted  and  braced  on  all  sides  after  the 
manner  of  a  shaft,  and  that  the  permanent  work  be  constructed 
in  such  shaft  and  backfilled  before  another  opening  is  made. 
Whenever  water  is  encountered  in  trenches,  the  same  shall  be 
removed  by  baling  or  pumping,  great  care  being  taken  when 
pumping  that  the  surrounding  particles  of  soil  be  not  disturbed  or 
removed.  If  necessary  to  prevent  such  disturbance,  the  pumping 
must  be  done  by  a  series  of  driven  wells  whose  points  are  pro- 


44 


Chap.  II. — Specifications:    Backfilling 

tected  by  fine  wire  cloths,  and  the  rate  of  flow  at  each  well  being 
made  so  slow  as  not  to  remove  the  particles  of  soil ;  or  the  pump.- 
ing  must  be  done  by  other  means  approved  by  the  Engineer.  The 
delivery  from  all  pumps  shall  be  conducted  into  the  adjacent  sew- 
ers, and  the  delivery  pipes  shall  be  so  arranged  as  to  be  readily 
inspected  at  all  times  to  ascertain  if  the  water  is  free  from  par- 
ticles of  soil. 

Whenever  rock  is  encountered  in  any  trench  or  tunnel,  and  Blasting, 
blasting  is  necessary  for  its  removal,  all  necessary  precautions 
must  be  exercised  by  the  Contractor,  as  required  by  the  ordinances 
of  the  City  of  New  York  relative  to  blasting.  Explosives  shall 
be  used  only  of  such  character  and  strength  as  may  be  permitted 
by  the  Board,  and  the  right  is  reserved  for  the  Engineer  to  direct 
that  in  special  cases  ordinary  blasting  powder  only,  in  small 
charges,  shall  be  used. 

Wherever  any  pipe  or  main  is  encountered  in  the  trench,  right  is 
reserved  to  direct  that  all  rock  within  five  (5)  feet  of  the  same 
shall  be  removed  by  means  other  than  blasting.  No  larger  quan- 
tity of  explosives  shall  be  kept  on  the  line  of  the  work  than  will 
be  actually  required  for  the  twelve  (12)  hours  of  work  next  en- 
suing, and  such  supplies  shall  be  divided  as  far  as  possible  and 
kept  under  lock,  the  key  to  which  being  only  in  the  hands  of  the 
foreman  or  other  equally  trustworthy  person.  The  amount  of  ex- 
plosives  kept  in  any  one  place  shall  not  exceed  the  limit  permitted  explosives. 
by  any  ordinance  of  the  city,  or  as  may  be  determined  by  the 
Board.  Caps  and  exploders  shall  not  be  kept  in  the  same  place 
with  dynamite  and  other  explosives.  During  freezing  weather, 
special  precautions  shall  be  taken  as  to  the  care  and  manipulation 
of  dynamite. 


4.     BACKFILLING. 

The  trenches  at  the  sides  of  and  over  the  top  of  the  subway,  Quality  of 
shall  be  backfilled  with  sand,  gravel,  or  other  good  clean  earth, 
free  from  perishable  material  and  from  stones  exceeding  three  (3) 
inches  in  diameter,  and  not  containing  in  any  place  a  proportion 
of  stone  below  that  size  exceeding  one  ( i )  part  of  stone  to  three 
(3)  parts  of  earth.  The  filling  shall  be  deposited  in  layers  not 
exceeding  nine  (9)  inches  in  thickness,  and  then  be  well  watered 
and  thoroughly  packed  by  rammers  weighing  not  less  than  thirty 

45 


Chap.  II. — Specifications:    Piling  and  Timbering 

(30)  pounds  each,  and  in  such  manner  that  no  unbalanced  pres- 
sure can  be  thrown  upon  the  subway  or  any  sewer,  pipe  or  other 
subsurface  structure.  Whenever  pipes,  sewers,  or  other  subsur- 
face structures  are  met  with,  the  filling  must  be  carefully  packed, 
rammed  and  tamped  under  such  subsurface  structures,  using  spe- 
cial tools  for  the  purpose.  No  filling  of  trenches  with  frozen  earth 
will  in  any  case  be  permitted.  As  fast  as  the  work  of  filling  per- 
mits, sheeting  and  other  timber  supporting  the  sides  of  the  excava- 
tion shall  be  carefully  withdrawn,  or  left  in  place  as  directed  by  the 
Engineer. 


Piles. 


Foundation 
timber. 


Timber  for 

temporary 

purposes. 


5.    PILING   AND    TIMBERING. 

At  situations  where  the  excavation  is  in  wet  ground,  if  in  the 
judgment  of  the  Engineer  the  ground  is  of  such  a  character  as  to 
require  piling,  the  Board  may  direct  the  Contractor  to  drive  piles. 
Such  piles  shall  be  of  good,  sound  oak,  pine  or  spruce,  straight 
and  free  from  shakes;  they  shall  be  not  less  than  twelve  (12) 
inches  in  diameter  at  the  butt  end,  nor  less  than  six  (6)  inches  in 
diameter  at  the  point,  and  shall  be  driven  to  the  satisfaction  of 
the  Engineer  and  by  means  of  a  steam  hammer  driver  if  so  re- 
quired by  him.  If  necessary  the  points  of  the  piles  shall  be  pro- 
tected by  proper  shoes,  and  the  butts  by  rings  or  caps.  Piles  shall 
not  be  spliced  unless  permitted  by  the  Engineer,  and  then  in  such 
manner  as  he  directs.  Piles  shall  be  carefully  cut  off  to  the  grade 
given  by  the  Engineer. 

All  foundation  timber  shall  be  of  pine  or  spruce,  or  other 
timber  permitted  by  the  Engineer,  sound  and  free  from  shakes. 
It  shall  be  of  such  dimensions,  and  laid  in  such  manner,  as  the 
special  plans  to  be  issued  shall  require,  and  held  in  place  by  spikes 
or  good  seasoned  oak  or  locust  treenails. 

All  timber  used  for  sheeting,  shoring,  bracing,  bridging  or  other 
temporary  purposes,  shall  be  sound  and  free  from  any  defects  that 
may  impair  its  strength.  The  top  or  wearing  surface  of  all  bridg- 
ing used  for  carriageways  shall  be  of  hard  yellow  pine,  sound, 
straight,  and  free  from  all  shakes,  and  large  loose  knots.  All 
sheeting  and  timber  used  temporarily  shall  be  put  in  place  by 
skilled  mechanics,  keyed  tight  by  wedges  where  necessary,  and  so 
arranged  as  to  be  withdrawn  readily  without  endangering  the 
adjoining  soil. 


Chap.  II. — Specifications:    Tunnelling 

6.     TUNNELLING. 

All  tunnels  shall  be  lined  with  steel  or  cast-iron  with  concrete,  Lining, 
or  with  concrete  or  brick  masonry. 

Where  tunnels  are  lined  with  concrete  or  brick  work  without 
metal,  proper  provisions  shall  be  made  for  keeping  the  tunnels 
dry  by  the  use  of  bricks  dipped  in  asphalt,  or  other  method  as 
prescribed  by  the  Engineer. 

The  space  between  the  extrados  of  the  arch  or  back  of  the  side  Packing, 
walls  and  the  rock  or  other  materials  of  excavation,  shall  be  filled 
with  concrete. 

After  the  concrete  is  in  place  a  grout,  consisting  of  one  (i)  Grout, 
part  fine,  clean  and  sharp  sand,  and  one  ( I )  part  Portland  cement, 
shall  be  pumped  in  from  time  to  time  behind  the  concrete  under 
pressure,  so  as  to  completely  fill  all  the  voids.  Where  tunnels  are 
made  by  the  use  of  a  shield,  similar  grout  shall  be  pumped  in  to 
completely  fill  the  space  left  by  the  tail  piece  of  the  shield  as  soon 
as  the  shield  is  moved  forward. 

The  tunnels  shall  be  excavated  to  the  lines  as  shown  on  the  plans.  Blasting. 
Drilling  and  blasting  must  be  conducted  with  all  possible  care  and 
in  such  a  manner  as  not  to  shatter  the  roof  and  sides  outside  of 
the  section  lines,  nor  endanger  adjoining  property.  Blasts  shall 
not  be  fired  between  the  hours  of  u  P.  M.  and  7  A.  M.  where 
tunnels  are  in  front  of  private  residences,  without  the  express  per- 
mission of  the  Board  and  under  such  restrictions  as  it  may  impose. 

Whenever  any  loose  rock  occurs  outside  of  the  lines  of  the  ex-  Loose  Rock, 
cavation,  whose  fall  or  settlement  might,  in  the  judgment  of  the 
Engineer,  produce  an  unequal  or  concentrated  pressure  on  the 
masonry,  the  same  shall  be  removed,  and  the  space  refilled  with 
such  class  of  masonry  as  ordered  by  the  Engineer. 

All  seams  carrying  water  shall  be  carefully  drained,  as  specified  Drains- 
under  the  clauses  relating  to  drainage. 

In  soft  ground  the  Contractor  must  take  every  precaution,  and  Soft  ground, 
such  precautions  as  the  Engineer  may  direct,  by  suitable  shields, 
timbering,  lagging  or  other  supports,  to  prevent  any  settlement  or 
movement  of  surrounding  ground.  Such  timber  as  cannot  be 
drawn  without  endangering  the  work  or  the  ground  above,  shall 
be  left  in  place  and  thoroughly  surrounded  by  masonry  and 
grouted. 

The  tunnel  beneath  the  East  River  and  the  approaches  thereto  Compressed 
where  under  water  shall  be  equipped  with  shields,  and  a  suitable  alr- 

47 


Chap.  II. — Specifications:    Cement 


Arched  cut 
and  cover. 


Portland 
cement. 


Brand  to  be 
approved. 


Inspection. 


Fineness. 


Tensile 
strength. 


compressed  air  plant  with  at  least  one  (i)  engine  and  air  com- 
pressor in  reserve.  The  air  locks  shall  be  built  with  safety  locks  in 
addition,  to  provide  for  the  escape  of  workmen  at  time  of  acci- 
dent. 

All  methods  of  tunnelling  shall  be  subject  to  the  approval  of 
the  Engineer,  and  be  changed  from  time  to  time  if,  in  his  judg- 
ment, the  local  conditions  so  require. 

In  arched  cut  and  cover  work  the  arching  and  side  walls  shall 
be  of  concrete  or  brick  masonry,  with  proper  precaution  taken 
in  each  case  to  prevent  leaks,  as  prescribed  in  the  clauses  relating 
to  waterproofing. 

7.     CEMENT. 

Portland  cement,  slow  or  quick  setting,  as  directed,  and  equal  in 
quality  to  the  best  grade  of  American  Portland  cement  is  to  be 
uesd  and  delivered  in  well-made  casks  or  such  other  packages  as 
may  be  approved  by  the  Engineer. 

Before  any  cement  will  be  allowed  to  be  used,  the  brand  and 
name  of  the  maker  must  be  submitted  to  and  receive  the  approval 
of  the  Engineer,  and  no  cement  will  be  permitted  to  be  used  that 
is  not  in  all  respects  satisfactory  to  him. 

All  cements  used  shall  be  subject  to  inspection  and  such  rigorous 
tests  as  shall  be  ordered  by  the  Engineer,  preference  being  given 
to  cements,  however,  which,  by  their  records,  show  a  tendency  to 
develop  strength  steadily  for  long  periods  unless  for  special  pur- 
poses cement  is  required  that  will  develop  great  strength  in  a 
short  time. 

Cement  before  being  used  must  pass  inspection  as  to  following 
requirements : 

Ninety-eight  (98)  per  cent,  shall  pass  a  No.  50  sieve,  and 
ninety  (90)  per  cent,  a  No.  100  sieve. 

Neat  cement  briquettes  shall  have  at  the  end  of  one  (i)  day 
in  water,  after  hard  set,  a  breaking  strength  per  square  inch  of 
sectional  area,  of  not  less  than  one  hundred  and  fifty  (150)  Ibs. , 
at  the  end  of  seven  (7)  days,  one  (i)  day  in  air,  six  (6)  days  in 
water,  of  not  less  than  four  hundred  (400)  Ibs. ;  and  at  the  end 
of  twenty-eight  (28)  days,  one  (i)  day  in  air,  twenty-seven  (27) 
days  in  water,  of  not  less  than  five  hundred  (500)  Ibs. 

Briquettes  when  composed  of  one  ( i )  portion  of  cement  and 
two  (2)  portions  of  sharp  quartz  sand,  shall  have  at  the  end  of 


48 


Chap.  II. — Specifications:    Cement 

seven  (7)  days,  one  (i)  day  in  air,  six  (6)  days  in  water,  a 
breaking  strength  per  square  inch  of  sectional  area  of  not  less 
than  two  hundred  (200)  Ibs. ;  and  at  the  end  of  twenty-eight  (28) 
days,  one  (i)  day  in  air  and  twenty-seven  (27)  days  in  water,  of 
not  less  than  three  hundred  (300)  Ibs. 

Chemical  analysis  will  be  made  from  time  to  time,  and  cement  Chemical 

•  •it.        analysis, 
furnished  must  show  a  reasonable  uniform  composition,  sulphur 

being  limited  to  six-tenths  (0.6)  of  one  (i)  per  cent. 

Tests  for  soundness  will  be  made  as  follows: 

Tests  for  checking  and  cracking  and  for  color  will  be  made  by  Soundness, 
moulding  on  plates  of  glass  cakes  of  neat  cement  about  three  (3) 
inches  in  diameter,  one-half  (y2)  inch  thick  in  the  centre,  and 
with  very  thin  edges.  One  ( i )  of  these  cakes  when  set  perfectly 
hard  shall  be  put  in  water  and  examined  for  distortion  or  cracks, 
and  one  (i)  shall  be  kept  in  air  and  examined  for  color,  distor- 
tion and  cracks.  Another  cake  -shall  be  allowed  to  set  in  steam 
for  twenty-four  (24)  hours  and  then  put  in  boiling  water  for 
twenty-four  (24)  hours.  Another  cake  shall  be  allowed  to  set 
hard  in  dry  air  for  twenty- four  (24)  hours  and  then  put  in  boil- 
ing water  for  twenty-four  (24)  hours.  Such  cakes  should  at  the 
end  of"  the  test  still  adhere  to  the  glass  and  show  neither  cracks  nor 
distortion.  A  briquette,  in  like  manner,  shall  be  allowed  to  set 
hard  in  dry  air  for  twenty-four  (24)  hours,  then  boiled  for 
twenty-four  (24)  hours,  be  cooled  in  water  and  then  broken,  and 
show  three  hundred  and  fifty  (350)  pounds  tensile  strength. 

Neat  briquettes  must  show  a  minimum  increase  in  strength  of   Increase  in 
fifteen  (15)  per  cent.,  and  sand  briquettes  twenty-five  (25)  per  s 
cent,  from  the  tests  at  the  end  of  seven   (7)   days  to  those  at 
twenty-eight  (28)  days. 

The  Contractor  must  at  all  times  keep  in  store,  at  some  conve-  M^ods  of 
nient  point  in  the  vicinity  of  the  work,  or  at  the  place  of  manufac-  storing, 
ture,  should  the  Engineer  so  elect,  a  sufficient  quantity  of  cement 
to  allow  ample  time  for  tests  to  be  made,  and  the  Engineer  shall 
be  notified  at  once  of  each  delivery.  Cements  shall  be  stored  in  a 
tight  building,  each  cask  or  package  being  raised  several  inches 
above  the  ground  by  blocking  or  otherwise,  and  ample  storage 
room  must  be  provided  so  that  each  separate  lot  of  not  more  than 
one  hundred  (100)  barrels  can  be  stored  .so  as  to  make  it  conve- 
nient to  identify  each  individual  lot  in  case  of  its  rejection,  or  in 
case  of  the  necessity  for  further  tests. 

49 


Chap.  II  — Specifications:   Mortar 


Access  to 
stores. 


Access  shall  be  given  to  the  Engineer  and  properly  authorized 
members  of  his  staff  to  enter  at  any  time  any  and  all  places  where 
cement  is  kept,  in  order  to  identify  the  same,  or  to  inspect  the 
method  of  storing  and  protection,  all  packages  shall  be  properly 
marked  for  identification. 


Sand. 


Mixing. 


How 
measured. 


Proportions. 


8.     MORTAR. 

All  mortar  shall  be  prepared  from  cement  in  perfect  condition, 
which  has  passed  the  tests  required  by  the  Engineer,  and  coarse, 
clean,  sharp  sand,  free  from  loam  or  foreign  matter,  and  approved 
by  the  Engineer.  These  ingredients  shall  be  thoroughly  mixed  dry 
in  the  proportions  as  specified  below;  a  moderate  dose  of  water 
is  then  to  be  added,  so  as  to  produce  a  stiff  paste  of  the  proper 
consistency.  The  mortar  shall  be  freshly  mixed  for  the  work  in 
hand,  in  proper  boxes  made  for  that  purpose,  and  no  mortar  shall 
be  used  that  has  become  hard  or  that  has  stood  beyond  such, limn 
of  time  as  may  be  ordered  by  the  Engineer. 

In  mixing-  mortar,  the  cement  shall  be  measured  as  packed  in 
the  casks  received  from  the  manufacturer,  or  in  other  packages 
equivalent  to  casks,  and  the  proportions  by  volume  shall  be,  for  the 
various  classes  of  work,  as  specified  below : 

Brick  masonry,  one  (i)  portion  cement,  two  (2)  portions  sand. 

Column  footing  stones,  one  (i)  portion  cement,  two  (2)  por- 
tions sand. 

Stone  masonry,  one  (i)  portion  cement,  two  and  one-half  (2l/2} 
portions  sand. 

Pointing,  one  ( i )  portion  cement,  one  ( i )  portion  sand. 

Concrete  masonry,  as  specified  under  the  head  of  concrete. 

For  other  classes  of  work,  as  directed  by  the  Engineer. 


How 
composed. 


Size  of 
stone. 


9.     CONCRETE. 

The  concrete  shall  be  composed  of  sound,  clean,  screened  gravel 
or  sound  broken  stone,  or  a  mixture  of  both,  free  from  all  dirt 
and  dust,  and  mixed  together  with  the  proportion  of  mortar  speci- 
fied below. 

For  all  concrete  the  maximum  diameter  for  broken  stone  or 
gravel  unless  specifically  permitted  by  the  Engineer  must  not 
exceed  in  any  direction  one  (i)  inch. 


Chap.  II. — Specifications:    Concrete 

In  all  concrete  where  the  thickness  is  thirty  (30)  inches  or  Rubble 
more,  the  Contractor  may  imbed  in  the  same  broken  pieces  of 
sound  stone  whose  greatest  diameter  does  not  exceed  twelve  (12) 
inches  and  whose  least  diameter  or  thickness  is  not  less  than 
three-quarters  (34)  of  the  greatest  diameter.  These  stones  shall 
be  set  by  hand  in  the  concrete  as  the  layers  are  being  rammed, 
and  so  placed  that  each  stone  is  completely  and  perfectly  im- 
bedded. No  two  (2)  stones  are  to  be  within  six  (6)  inches  of 
each  other  and  no  stones  within  four  (4)  inches  of  an  exposed 
face. 

The  proportions  of  mortar  and  stone  used  in  making  concrete  Proportions, 
shall  be  as  follows : 

Concrete  in  floor,  side  walls  and  roof,  one  (i)  portion  of  ce- 
ment, three  (3)  portions  of  sand  and  four  (4)  portions  of  stone. 

Protective  concrete  outside  of  waterproofing  on  sides  and  roof, 
one  (i)  portion  of  cement,  three  (3)  portions  of  sand  and  five 
(5)  portions  of  stone;  or,  one  (i)  portion  of  cement  and  five  (5) 
portions  of  sand. 

All  machine  mixing  shall  be  done  with  a  mixer  approved  by  Mixing, 
the  Engineer  and  used  in  accordance  with  his  instructions. 

When  concrete  is  mixed  by  hand  the  stone  or  gravel  shall  be 
spread  on  a  platform  in  a  bed  of  about  six  (6)  inches  thick,  and 
shall  be  thoroughly  wet.  Sand  shall  be  spread  on  a  platform  and 
the  requisite  portion  of  cement  spread  on. the  sand.  After  thor- 
oughly mixing-  the  latter,  the  dry  mortar  thus  formed  shall  be 
spread  evenly  over  the  bed  of  stone  wet  as  above,  and  the  whole 
turned  over  until  thoroughly  mixed,  but  not  less  than  two  (2) 
turnings  shall  be  allowed  in  any  case,  water  being  added  as 
necessary.  Care  should  be  taken  to  keep  the  bed  of  concrete  wet 
and  avoid  piling. 

Concrete  shall  be  laid  immediately  after  mixing  in  layers  not  How  laid, 
more  than  six  (6)  inches  in  thickness,  and  be  thoroughly  com- 
pacted throughout  the  mass  by  ramming  until  the  water  flushes 
to  the  surface.  The  amount  of  water  used  in  making  the  con- 
crete shall  be  approved  by  the  Engineer.  Special  tamping  bars 
shall  be  used  as  directed  by  the  Engineer.  Concrete  to  which 
waterproofing  is  to  be  applied  shall  be  made  smooth  at  the  time 
of  laying  and  shall  be  carefully  protected  from  injury  by  barri- 
cades or  otherwise,  if  necessary,  until  thoroughly  set. 

Concrete  shall  be  allowed  to  set  for  twelve  (12)  hours,  or  more, 


Forms. 


Voids  to  be 
filled. 


Chaf>.  II. — Specifications:    Brick  Masonry 

if  so  directed,  before  any  work  shall  be  laid  upon  it ;  and  no  walk- 
ing over  or  working  upon  it  shall  be  allowed  while  it  is  setting. 
Concrete  shall  not  be  flooded  with  water  before  being  thoroughly 
set. 

Before  laying  concrete  on  rock  surfaces  the  latter  shall  be  swept 
clean  of  all  debris  and  dirt. 

Whenever  it  becomes  necessary  to  lay  fresh  concrete  next  to 
or  on  top  of  concrete  in  which  the  mortar  has  already  set,  the  sur- 
face of  the  old  concrete  shall  be  well  washed  and  a  thin  layer  of 
clear  cement  shall  then  be  spread  over  it  immediately  previous  to 
the  laying  of  the  fresh  concrete. 

Suitable  forms  shall  be  provided  by  the  Contractor  to  support 
the  concrete  while  being  rammed  in  the  walls  or  roofs.  These 
forms  shall  be  immediately  replaced  by  new  ones  as  soon  as  they 
commence  to  lose  their  proper  shape.  Before  being  used  they 
shall  be  carefully  cleaned  of  cement  and  dirt  and  shall  present  to 
the  concrete,  on  the  surface  afterwards  exposed  to  sight,  a  per- 
fectly smooth  surface.  The  forms  shall  be  made  of  wood,  kept 
carefully  smooth  and  coated  with  soap  or  other  suitable  substance 
as  approved  by  the  Engineer ;  or  made  of  metal  sufficiently  thick 
to  make  the  forms  without  the  use  of  wood.  No  sheet  metal  cov- 
ered wood  forms  to  be  used. 

In  no  case  on  an  exposed  surface  of  the  concrete  must  the 
joints  of  any  component  pieces  of  the  forms,  nor  the  grain  of  the 
wood,  be  visible.  The  forms  shall  be  set  true  to  line,  firmly  se- 
cured, and  be  so  tight  as  not  to  allow  water  in  the  mortar  to 
escape.  They  shall  remain  in  place  until  the  concrete  is  thor- 
oughly set,  and  in  the  event  of  pressure  coming  at  once  on  the 
concrete,  such  additional  time  as  the  Engineer  may  direct. 

On  removing  the  forms,  if  any  voids  or  irregular  connections 
with  the  steel  frame  work  are  discovered,  such  defective  work 
shall  be  cut  out  and  filled  with  a  rich  concrete  or  mortar,  in  such 
proportion  and  in  such  manner  as  the  Engineer  may  direct.  No 
voids  shall  be  filled  until  the  defective  concrete  shall  have  been 
inspected  and  cut  out  where  so  directed. 


Quality. 


10.     BRICK  MASONRY. 

Bricks  for  all  masonry,  except  where  enamelled  bricks  are  speci- 
fied, shall  be  of  the  best  quality,  hard  burned  bricks,  burned  hard 


Chap.  II. — Specifications:    Brick  Masonry 

entirely  through,  regular  and  uniform  in  shape  and  size  and  of 
compact  texture. 

Enamelled  bricks,  tiles,   faience,  terra-cotta  or  other  material  Enamelled 
used  in  the  decoration  and  interior  finish  of  stations  shall  be  of  bncks- 
the  best  merchantable  grade  of  respective  articles  as  approved 
by  the  Engineer,  and  shall  be  laid  by  workmen  especially  skilled 
with  free,  fine  joints  and  perfectly  true  to  line  and  surface. 

The  roof  of  the  railway  over  the  tracks  at  stations  and  the  Roof,  how 
roof  and  sidewalls  for  a  distance  of  at  least  thirty  (30)    feet  in  hned- 
both  directions  from  the  edge  of  the  platform  shall  be  lined  with 
tiles  or  enamelled  bricks. 

All  brick  masonry  shall  be  laid  in  mortar  of  the  quality  above  HOW  laid, 
described,  except  that  in  exposed  locations  coloring  matter  may 
be  added,  if  permitted  by  the  Engineer.  The  bricks  shall  be  laid 
to  line  with  joints  in  the  face  work  not  exceeding  one-quarter 
(J4)  of  an  inch  in  the  beds,  and  three-eighths  (^)  of  an  inch  on 
ends;  the  bricks  to  be  thoroughly  wet  before  laying  and  to  be 
completely  imbedded  in  the  mortar  under  the  bottom  and  on  the 
sides  and  ends  at  one  operation,  care  being-  taken  to  have  every 
joint  full  of  mortar. 

All  exterior  surfaces  shall  be  smooth  and  regular. 

The  inside  faces  of  all  arches  and  other  exposed  parts  shall 
have  all  the  mortar  scraped  off  within  three  (3)  days  after  the 
centres  have  been  struck,  and  shall  be  pointed  and  left  in  neat 
condition. 

All  bricks  of  whatever  nature  shall  be  carefully  culled  before  No  "  Bats " 
laying,  at  the  expense  of  the  Contractor.    No  "bats"  shall  be  used  or  culls- 
except  in  large  masses  of  brickwork,  where  a  moderate  proportion, 
to  be  determined  by  the  Engineer,  shall  be  used,  but  nothing 
smaller  than  half  bricks. 

All  unfinished  work  must  be  racked  back  or  toothed,  as  directed 
by  the  Engineer,  and  before  new  work  is  joined  to  it  the  faces 
of  the  bricks  in  the  old  work  must  be  scraped  entirely  clean, 
scrubbed  with  a  stiff  brush  and  be  well  moistened. 

Where  necessary  to  make  a  neat  joint  in  connection  with  steel   Special  bricks, 
framework,  or  at  corners,  curves,  or  other  similar  places,  special 
bricks  of  proper  shape  shall  be  furnished  and  used.     All  centres 
arid  forms  shall  be  made  to  fit  the  curves  of  the  work,  be  put  up 
and  removed  in  a  manner  satisfactory  to  the  Engineer. 

53 


Chap.  II. — Specifications:    Stone  Masonry 


Cut  stone. 


Footing 
stones. 


Anchor  bolts. 


Rubble  or 
other  masonry. 


Pointing. 


ii.     STONE  MASONRY. 

Cut  stone  masonry  will  be  used  for  footing  stones  of  columns, 
and  when  necessary  elsewhere.  In  general,  columns  will  be  set 
on  a  concrete  base.  Such  cut  stone  masonry,  except  as  otherwise 
specified,  shall  be  of  granite,  unless  some  other  durable  stone  is 
accepted  by  the  Board. 

Footing  stones  for  columns  shall  be  of  the  dimensions  and 
shapes  shown  on  the  plans,  shall  be  strong  and  free  from  defects, 
and  shall  be  set  in  Portland  cement  mortar.  Before  being  set 
the  tops  shall  be  rough-pointed  without  chisel  draft.  The  ver- 
tical sides  shall  be  left  quarry  faced,  the  portion  of  the  top  where 
the  column  base  plate  is  to  sit  dressed  to  a  true  plane  with  pean 
hammers,  and  the  top  brought  to  a  plane  so  that  at  no  point  will 
there  be  a  depression  more  than  one-half  (^2)  inch  in  depth,  or 
more  than  two  (2)  square  inches  in  area,  from  a  straight  edge  laid 
across  the  top  in  any  direction.  In  case  the  Contractor  fails  to 
set  the  footing  stones  true  to  line  and  surface,  then  they  shall  be 
set  with  their  tops  about  one-eighth  (^)  of  an  inch  above  the 
grade  called  for  by  the  plans,  and  not  less  than  two  (2)  days  after 
being  set  they  shall  have  their  tops  dressed  with  pean  hammers, 
so  as  to  form  accurate  seats  for  the  base  plates  of  the  columns. 

Holes  shall  be  accurately  drilled  for  anchor  bolts,  and  filled 
with  neat  Portland  cement  mortar  after  the  bolts  are  set  in 
place.  Columns  during  erection  shall  be  set  on  iron  shims,  if 
shims  are  necessary.  Wooden  shims  are  prohibited. 

If  directed  by  the  Engineer  all  stone  shall  be  sprinkled  with 
water  before  being  laid  and  thoroughly  cleaned. 

In  case,  during  the  progress  of  the  work,  any  rubble  or  other 
masonry  of  different  class  from  that  specified  above,  shall  become 
necessary,  or  shall  be  desired  by  the  Board,  the  same  shall  be  con- 
structed according  to  the  specifications  applicable  to  the  best 
work  of  such  class,  and  according  to  the  directions  of  the  En- 
gineer. 

The  pointing  of  the  faces  shall  be  thoroughly  made  with  Port- 
land cement  mortar,  mixed  in  the  proportion  of  one  (i)  portion 
of  cement  to  one  (i)  portion  of  sand. 

Unless  otherwise  permitted,  every  joint  that  is  to  be  pointed 
shall  be  raked  out  within  two  (2)  days  after  being  laid,  to  a 
depth  of  at  least  two  (2)  inches. 

No  pointing  shall  be  done  in  freezing  weather  and  all  masonry 


54 


Chap.  II. — Specifications:    Waterproofing 

laid  between  December  ist  and  April  1st  shall  not  be  pointed  until  Freezing 
permitted  by  the  Engineer.  During  freezing  weather  such  ma- 
sonry only  will  be  built  whose  construction  cannot  be  postponed, 
in  the  judgment  of  the  Engineer,  except  at  the  cost  of  delaying 
the  work.  The  Contractor  must  provide  salt,  or  appliances  for 
heating  the  water  and  steaming  the  building  materials  according 
to  the  specific  directions  of  the  Engineer.  During  freezing 
weather  all  masonry  and  concrete  shall  be  protected  by  suitable 
covering. 

During  hot  weather  all  masonry,  especially  concrete,  shall  be  Hot  weather, 
kept  wet  by  sprinkling  and  be  covered  until  the  same  has  be- 
come hard  enough  to  prevent  drying  and  cracking. 

Any  masonry  which  is  found  to  be  defective  from  any  cause 
at  any  time  before  the  acceptance  of  the  work,  must  be  removed 
and  properly  rebuilt. 

The  word  "masonry"  where  it  occurs  in  these  specifications, 
covers,  unless  otherwise  specified,  masonry  of  all  kinds,  whether 
of  concrete,  brick  or  stone. 


12.     WATERPROOFING. 

It  is  the  very  essence  of  these  specifications  to  secure  a  railway   Dryness  essential, 
structure  underground,  which  shall  be  entirely  free  from  the  per- 
colation of  ground  or  outside  water,  to  which  end  construction 
shall  be  carried  out  as  follows : 

After  the  soil  has  been  excavated  to  the  required  depth  and  Preparation  of 
dressed  off  to  a  true  grade  as  directed  by  the  Engineer,  there  foundation, 
shall  be  laid  a  bed  of  concrete  of  the  proportions  as  herein  de- 
scribed, of  such  thickness  as  the  local  conditions  demand,  in  the 
judgment  of  the  Engineer.  On  such  bed,  which  shall  be  made 
as  level  and  smooth  as  possible  on  the  top  surface,  there  shall 
be  spread  a  layer  of  hot  asphalt,  and  on  such  asphalt  there  shall 
be  immediately  laid  sheets  or  rolls  of  felt,  all  of  the  quality  here- 
inafter described  ;  another  layer  of  hot  asphalt  shall  be  spread  over 
the  felt ;  another  layer  of  felt  laid,  and  so  on  until  the  required 
number  of  layers  is  in  place.  On  top  of  the  upper  surface  of 
asphalt,  the  remainder  of  the  concrete  as  called  for  by  the  Con- 
tract Drawings  shall  be  put  in  place. 

Upon  the   foundation   of  concrete,   the   Contractor  shall   erect  sidewalls. 
sidewalls  of  concrete,  brick,  or  preferably  hollow  brick,  in  order 

55 


Chap.  II. — Specifications:    Waterproofing 


Roof. 


Quality. 


Felt. 


Concrete  to 
be  dry. 


to  secure  drainage,  against  which  sidewalls  there  shall  be  attached 
alternate  layers  of  asphalt  and  felt  as  described  above  for  the 
floor.  The  exterior  walls  are  to  be  constructed  so  that  there  shall 
be  at  least  two  (2)  inches  in  the  clear  from  the  interior  face  of 
said  wall  and  the  exterior  faces  of  the  sidewall  beams;  or  where 
ducts  are  to  be  placed,  said  exterior  walls  shall  be  built  so  as  to 
permit  the  laying-  of  the  ducts  with  a  space  of  at  least  two  (2) 
inches  between  the  interior  face  of  said  ducts  and  the  exterior 
faces  of  the  sidewall  beams. 

The  roof  of  the  structure  shall  be  treated  in  a  similar  manner 
by  finishing  the  jackarches  to  such  a  height  as  directed  by  the 
Engineer,  spreading  the  asphalt  and  felt  in  alternate  layers  and 
then  adding  a  cover  ol  concrete,  completing  the  roof  as  called  for 
by  the  Contract  Drawings. 

By  the  arrangement  above  described  there  will  be  a  continuous 
sheet  of  asphalt  and  felt  imbedded  within  the  concrete  of  the 
bottom,  top  and  both  sides,  and  completely  enveloping  the  struc- 
ture. 

The  asphalt  used  shall  be  the  best  grade  of  Bermudez,  Alcatraz 
or  lake  asphalt,  of  equal  quality,  and  shall  comply  with  the  follow- 
ing requirements: 

The  asphalt  shall  be  a  natural  asphalt  or  a  mixture  of  natural 
asphalts,  containing  in  its  refined  state  not  less  than  ninety-five 
(95)  Per  cent,  of  natural  bitumen  soluble  in  rectified  carbon 
bisulphide  or  in  chloroform.  The  remaining  ingredients  shall  be 
such  as  not  to  exert  an  injurious  effect  on  the  work.  Not  less  than 
two  thirds  (%)  of  the  total  bitumen  shall  be  soluble  in  petroleum 
naphtha  of  seventy  (70)  degrees  Baume  or  in  Acetone.  The 
asphalt  shall  not  lose  more  than  four  (4)  per  cent,  of  its  weight 
when  maintained  for  ten  (10)  hours  at  a  temperature  of  three 
hundred  (300)  degrees  Fahrenheit. 

The  use  of  coal-tar,  so-called  artificial  asphalts,  or  other  prod- 
ucts susceptible  to  injury  from  the  action  of  water,  will  not  be 
permitted  on  any  portion  of  the  work,  or  in  any  mixtures  to  be 
used. 

The  felt  used  for  waterproofing  shall  be  dipped  in  asphalt  and 
weigh  not  less  than  fifteen  (15)  Ibs.  to  the  square  of  one  hun- 
dred (100)  feet.  All  felt  shall  be  subject  to  the  inspection  and 
approval  of  the  Engineer. 

All  concrete  shall  be  dry  before  waterproofing  is  attached.  If 
for  any  reason  it  is  impracticable  to  have  the  concrete  dry,  then 

56 


Chap.  II. — Specifications:    Waterproofing 

there  shall  be  first  laid  a  layer  of  felt  of  the  quality  above  de- 
scribed, on  the  upper  surface  of  which  is  to  be  spread  the  first 
layer  of  asphalt ;  said  extra  layer  of  felt  shall  not  be  counted 
as  one  of  the  layers  of  felt  required  by  the  plans. 

Each  layer  of  asphalt  fluxed  as  directed  by  the  Engineer  must 
completely  and  entirely  cover  the  surface  on  which  it  is  spread 
without  cracks  or  blowholes. 

The  felt  must  be  rolled  out  into  the  asphalt  while  the  latter  is  Felt  to  be 
still  hot,  and  pressed  against  it  so  as  to  insure  its  being  com- 
pletely stuck  to  the  asphalt  over  its  entire  surface,  great  care  being 
taken  tha.t  all  joints  in  the  felt  are  well  broken,  and  that  the  ends 
of  the  rolls  of  the  bottom  layer  are  carried  upon  the  inside  of  the 
layers  on  the  sides,  and  those  of  the  roof  down  on  the  outside  of 
the  layers  on  the  sides  so  as  to  secure  a  full  lap  of  at  least  one  ( I ) 
foot.  Especial  care  must  be  taken  with  this  detail. 

None  but  competent  men,  especially  skilled  in  work  of  this  kind, 
shall  be  employed  to  lay  asphalt  and  felt. 

When  the  finishing  layer  of  concrete  is  laid  over  or  next  to  the 
waterproofing  material,  care  must  be  taken  not  to  break,  tear  or 
injure  in  any  way  the  outer  surface  of  the  asphalt. 

The  number  of  layers  of  felt  on  the  sides  and  under  the  floor   Number  of 
shall  in  no  case  be  less  than  three  (3)  in  ground  that  is  quite  layers, 
dry,  and  where  there  is  a  water  pressure  against  the  masonry 
equal  to  ten  (10)  feet  not  less  than  six  (6)  layers.     Where  the 
water  pressure  is  less  than  ten  (10)  feet,  such  number  of  layers 
between  three    (3)   and  six   (6)   shall  be  used  as  the  Engineer 
may  direct.    The  number  of  layers  of  felt  on  the  roof  shall  be  not 
less  than  four  (4). 

Whenever  the  pressure  of  ground  water  against  the  structure 
exceeds  ten  ( 10)  feet,  waterproofing  of  the  floor  and  walls  shall 
then  consist  of  two  (2)  layers  of  felt  in  asphalt,  as  described 
above,  together  with  one  (i)  or  more  layers  of  brick  dipped  in 
asphalt  as  ordered  by  the  Engineer.  Said  bricks  before  being 
dipped  in  asphalt  shall  be  thoroughly  dried  and  warmed.  At  all 
other  points  where  the  pressure  of  ground  water  is  less  than  ten 
(10)  feet,  the  Contractor  may  substitute  in  lieu  of  the  number 
of  layers  of  felt,  as  described  above,  one  (i)  layer  of  felt  in  hot 
asphalt,  and  one  ( i )  or  more  courses  of  brick  dipped  in  asphalt, 
as  the  Engineer  shall  direct. 

In  masonry-lined  structures  where  there  is  no  steel  work  and 
the  ground  is  dry  the  regular  waterproofing  may  be  omitted,  but 

57 


Chap.  II. — Specifications:    Drains  and  Pumps 

in  that  case  in  arched  cut  and  cover  work  the  extrados  of  the 
arch  shall  be  coated  with  hot  asphalt  of  the  quality  described. 

Any  masonry  that  is  found  to  leak  at  any  time  prior  to  the 
completion  of  this  work  shall  be  cut  out  and  the  leak  stopped. 


Railway  to 
be  drained. 


Sub-drains. 


Sumps  and 
pumps. 


13.  DRAINS  AND  PUMPS. 

Every  part  of  the  railway,  the  stations  and  their  appurtenances 
connected  therewith,  must  be  so  arranged  sc  far  as  possible  that 
any  water  finding  access  thereto  will  be  led  away  automatically 
to  the  City  sewers. 

Where  the  railroad  is  on  an  inclined  gradient,  and  is  constructed 
in  dry,  porous  soil,  the  floor  of  the  railway  may  be  depended  on 
to  act  as  a  conduit.  At  the  bottom  of  the  inclined  gradient  con- 
nections must  be  made  with  a  sewer  or  with  subdrains  lying  be- 
neath the  railway  and  draining  into  the  sewers. 

Along  such  parts  of  the  work  where  the  soil  is  not  porous,  or 
where  the  floor  of  the  railway  cannot,  in  the  judgment  of  the 
Engineer,  be  used  as  a  conduit,  there  shall  be  laid  beneath  the 
rail  level  and  on  a  continuous  descending  gradient,  drain  pipes 
of  vitrified  salt-glazed  stoneware,  of  the  quality  described  in  these 
specifications  for  sewer  pipe.  Such  drain  pipe  shall  be  of  such 
diameter  not  exceeding  twelve  (12)  inches,  as  the  Engineer  may 
direct,  and  there  shall  be  one  (i)  such  drain  for  each  two  (2) 
tracks.  Each  drain  shall  be  laid  in  the  concrete  or  directly  in  the 
soil  with  tight  or  open  joints,  in  such  manner  and  in  such  position 
as,  in  the  opinion  of  the  Engineer,  local  circumstances  require. 

Where  drain  pipes  connect  with  the  city  sewers,  the  junction 
shall  be  protected  by  suitable  traps  and  back  pressure  valves 
where  necessary  to  prevent  back  rush  of  water  or  gas  from  the 
sewers.  Connections  with  the  railway  shall  be  as  necessity  de- 
mands and  all  as  directed  by  the  Engineer. 

Whenever  the  grade  of  the  railway  passes  below  the  bottom  of 
adjacent  sewers  there  shall  be  constructed  a  sump  connected  with 
the  subdrains  or  the  floor  of  the  railway.  Such  sump  must  be 
water  tight  with  a  capacity  of  not  less  than  eight  hundred.  (800) 
gallons.  At  every  sump  there  must  be  an  electric  or  other  im- 
proved pump  with  a  sufficient  capacity  to  remove  such  water  as 
may  enter  the  subway.  Such  pump  must  be  arranged  to  work 
automatically.  The  delivery  of  such  pumps  shall  be  into  the  City 
sewers  or  elsewhere,  as  directed  by  the  Engineer. 


Chap.  II. — Specifications:    Steel  and  Iron 

14.  STEEL  AND  IRON. 

The  steel  used  in  this  work  shall  be. of  two  grades,  medium  steel  Open  hearth 
and  rivet  steel.    All  steel  shall  be  made  by  the  open-hearth  process  Steel- 
and  may  be  either  acid  or  basic,  with  the  following  maximum 
limits  of  phosphorus  in  the  finished  material : 

Acid.  Basic.  Phosphorus. 

Phosphorus  limit 07%  .05% 

All  ingots  must  have  sufficient  material  cut  off  at  the  top  before 
being  rolled  into  finished  material,  to  insure  against  piping  and 
possible  segregation. 

The  finished  work  shall  be  perfect  in  all  parts  and  free  from  Variation  in 
irregularities,  surface  imperfections  of  all  kinds,  and  piping.    No  weight, 
deficiency  in  the  cross-section  or  weight  of  sections,  as  called  for 
by  the  plans,  exceeding  two  and  one-half  (2^)  per  cent.,  will  be 
permitted. 

The  original  melt  number  must  be  painted  or  stamped  on  all  , 

.-,..,  .  ,    Melt  number, 

ingots,  blooms,  billets,  and  slabs,  in  order  to  identify  the  material 

throughout  the  various  processes  of  manufacture,  and  the  original 
melt  number,  together  with  the  furnace  heat  number,  must  be 
stamped  on  each  piece  of  finished  material,  except  in  the  case  of 
rivet  steel  and  small  pieces  not  forming  part  of  the  calculated 
sections,  and  members  which  may  be  shipped  in  bundles  wired 
together,  with  the  melt  number  on  a  metal  tag  attached.  Failure 
to  observe  these  requirements  will  be  a  cause  for  rejection. 

Two  (2)  sample  bars  not  more  than  two  (2)  inches  wide,  Sample  bars, 
having  a  sectional  area  of  not  less  than  one-half  (^2)  square 
inch,  shall  be  cut  from  the  finished  product  of  every  melt.  Tests 
shall  be  made  on  these  sample  bars  in  their  natural  state,  without 
annealing.  Measurements  to  determine  elongation  shall  be  made 
on  an  original  length  of  eight  (8)  inches.  When  a  melt  is  rolled 
into  several  classes  of  shapes,  the  material  of  each  class  shall  be 
separately  tested,  in  which  event  one  (i)  sample  bar  for  each 
class  will  suffice.  The  test  pieces  when  tested  in  a  lever  machine 
shall  for  each  melt,  fulfill  the  following  requirements : 

Reduc- 

Ultimate  Elastic       Elonga-     tion  of   Requirements, 

strength,  limit,  tion,         area, 

Ibs.  Ibs.  •%  % 

Medium  steel,  58,000  to  68,000  35,ooo  22  44 

Rivet  steel,        48,000  to  58,000  28,000  27  54 

59 


Chap.  II. — Specifications:   Steel  and  Iron 


Bending  tests. 


Punching  tests. 


Cast-iron. 


Tests. 


Test  bars. 
L 


The  entire  fracture  shall  be  silky. 

A  piece  of  each  sample  bar,  whose  thickness  is  at  least  five- 
sixteenths  (5/16)  of  an  inch,  after  being  heated  to  a  cherry  red, 
and  cooled  in  water  at  a  temperature  of  seventy  (70)  degrees 
Fahrenheit,  shall  be  bent  cold  one  hundred  and  eighty  (180)  de- 
grees and  closed  up  against  itself.  In  no  case  shall  any  crack  ap- 
pear until  the  diameter  of  the  circle  around  which  the  bar  is  bent 
becomes  less  than  the  thickness  of  the  bar. 

In  the  case  of  rivet  steel,  the  sample  bar  shall  close  up  against 
itself  without  showing  any  crack  or  flaw. 

Punched  holes  pitched  two  (2)  inches  from  a  sheared  or  rolled 
edge  in  a  piece  at  least  three-eighths  (^)  of  an  inch  thick,  must 
stand  drifting  until  their  diameters  are  fifty  (50)  per  cent,  greater 
than  those  of  the  original  holes,  without  signs  of  cracking  in  the 
plate. 

Duplicate  tests  may  be  made  when  the  test  pieces  pass  five  (5) 
of  the  above-mentioned  requirements,  and  the  chemical  analysis. 
If  the  second  tests  pass  all  requirements  the  melt  will  be  accepted. 

All  castings  shall  be  made  of  tough  gray  iron  which  shall  ex- 
hibit a  uniform  and  closely  grained  fracture  free  from  any  white, 
mottled  or  vitreous  appearance.  The  metal  shall  be  soft  enough 
to  be  readily  cut,  drilled  and  chipped,  and  when  struck  on  a 
corner  or  edge  with  a  hammer,  it  shall  indent  and  not  break  off. 

The  metal  must  exhibit  a  tensile  strength  between  eighteen 
thousand  (18,000)  and  twenty-four  thousand  (24,000)  pounds 
per  square  inch  when  measured  on  a  test  specimen,  from  which 
the  external  coating  or  skin  has  been  entirely  removed  by  turning, 
planing  or  milling.  When  tested  in  the  rough  state  with  the 
"skin"  retained,  sample  bars  or  castings  having  a  uniform  width 
and  depth  of  one  (i)  inch  and  a  length  of  forty  (40)  inches  shall, 
when  placed  horizontally  upon  two  (2)  sharp  edged  supports 
thirty-six  (36)  inches  apart,  sustain  at  their  middle  point  a  gradu- 
ally applied  load  of  seven  hundred  and  fifty  (750)  pounds,  with 
a  deflection  at  the  centre  of  four-tenths  (0.4)  to  six-tenths  (0.6) 
of  an  inch. 

The  Contractor  shall  make,  prepare  and  provide  at  least  two 
(2)  of  the  said  cross  breaking  test  bars  and  the  same  number  of 
said  tensile  test  bars  from  each  charge  or  running  of  the  metal 
actually  used  in  the  manufacture  of  any  castings  for  said  work. 
Two  (2)  of  the  test  bars  of  each  set  shall  be  poured  at  the  begin- 
ning and  two  (2)  at  the  end  of  each  charge  or  running.  The  ten- 


60 


Chap.  II. — Specifications:   Steel  and  Iron 

sion  bars  shall  be  of  such  size  and  form  as  may  be  required  by 
the  Engineer  or  his  representative.  All  such  specimens  are  to  be 
true  samples  of  the  iron  used  in  the  castings  made  from  said 
charge  or  running.  All  test  specimens  are  to  be  properly  num- 
bered for  reference. 

In  judging  the  suitability  of  the  metal,  the  average  of  these 
tests  shall  be  considered  as  representing  the  strength  of  the  metal 
as  required  aforesaid. 

All  steel  castings  shall  be  annealed. 

Every  steel  casting  shall  be  made  with  a  coupon  for  testing,   Steel  castings, 
which  coupon  shall  be  cut  off  after  annealing,  and  the  test  shall 
be  made  from  a  three-quarter    (24)    inch  round  cut  from  the 
coupon.     The  test  piece  shall  show  an  ultimate  strength   of  at 
least  seventy  thousand  (70,000)  pounds,  an  elastic  limit  of  not  less 
than  thirty-five  thousand   (35,000)   pounds,  an  elongation  of  at  Tests- 
least  fifteen  (15)  per  cent,  in  two  (2)  inches,  and  a  reduction  of 
area  of  twenty  (20)  per  cent,  at  the  point  of  fracture. 

When  the  bearing  surface  of  any  steel  casting  is  finished  there 
shall  be  no  blowhole  vsible  exceeding  one  ( i )  inch  in  any  direc- 
tion, nor  exceeding  one-half  ( y2  )  inch  in  area.  The  length  of  the 
blowholes  gauged  by  any  straight  line  laid  in  any  direction  shall 
never  exceed  one  ( I )  inch  in  one  ( i )  foot. 

All  portions  of  the  metal  work  exposed  to  view,  especially  at 
stations,  shall  be  neatly  finished,  pains  being  taken  with  any  orna- 
mental work  to  give  it  an  attractive  and  artistic  appearance. 

All  rolled  members  shall  be  carefully  straightened  at  the  shop 
before  assembling. 

The  nominal  size  of  the  rivets  shown  on  the  plans  shall  be  Siz  of  rjvets 
understood  to  be  the  actual  size  of  the  cold  rivets  before  heating. 
Rivets  when  driven  must  completely  fill  the  holes,  have  full  heads 
concentric  with  the  rivet  holes,  and  be  machine  driven  wherever 
practicable,  the  machines  to  be  capable  of  retaining  the  applied 
pressure  after  the  upsetting  is  completed.  The  rivet  heads  must 
be  fully  and  neatly  finished,  of  approved  shape  and  in  full  contact 
with  the  surface,  or  be  countersunk  or  flattened  when  so  required, 
and  of  a  uniform  size  for  the  whole  diameter  of  the  rivet  through- 
out the  work,  and  must  bind  the  connecting  pieces  thoroughly 
together. 

All  loose  or  otherwise  imperfect  rivets  must  be  cut  out  and  re-  Imperfect  rivets, 
placed.     No  tightening  of  rivets  by  calking  or  recupping  will  be 
permitted. 

61 


Chap.  II. — Specifications:   Steel  and  Iron 


Rivet  holes. 


Field  rivets. 


Built-up 
members. 


Rivet  holes  must  be  accurately  spaced,  and  on  die  side  must  not 
measure  more  than  three  thirty-seconds  (3/32)  of  an  inch  larger 
than  the  size  of  the  cold  rivet. 

The  use  of  drift  pins  will  be  allowed  only  to  bring  together  the 
several  parts  forming  a  member,  and  they  must  not  be  driven  with 
sufficient  force  to  distort  the  metal  about  the  holes. 

If  any  hole  has  to  be  enlarged  to  admit  the  rivet,  it  must  be 
reamed. 

Rivet  holes,  except  rivet  holes  for  splices  in  the  bottom  flanges 
of  roof  beams,  may  be  made  by  a  punch  whose  diameter  is  one- 
sixteenth  (1/16)  of  an  inch  greater  than  that  of  the  rivets  called 
for  by  the  plans,  provided  such  punched  holes  will  admit  a  hot 
rivet  of  specified  size,  otherwise  subpunching  and  reaming  will  be 
required. 

All  punched  holes  shall  be  free  from  torn  or  ragged  edges, 
sharp  fins  being  trimmed  off  before  rivetting. 

Rivet  holes  in  flange  splices  and  connecting  splice  plates,  as 
above  mentioned,  shall  be  made  by  a  punch  whose  diameter  is 
one-eighth  (/-£)  of  an  inch  less  than  that  of  the  rivets  called  for 
on  the  plans,  and  subsequently  increased  by  reaming  to  a  diameter 
one-sixteenth  (1/16)  inch  greater  than  the  rivets  specified.  After 
reaming,  every  hole  shall  be  entirely  smooth,  showing  that  the 
reaming  tool  has  everywhere  touched  the  metal.  When  required 
by  the  Engineer  a  reamer  shall  be  run  on  the  outer  edge  of  holes 
so  as  to  remove  the  sharp  edges  and  make  a  fillet  of  at  least  one- 
sixteenth  (1/16)  inch  in  width  under  the  rivet  head. 

Rivet  holes  in  the  flanges  of  girders  whose  thickness  is  over 
five-eighths  (^)  of  an  inch  shall  be  made  by  a  punch  whose 
diameter  is  one-eighth  (>£)  of  an  inch  less  than  the  specified 
rivets,  and  shall  be  subsequently  increased  by  reaming  three-six- 
teenths (3/16)  of  an  inch. 

All  holes  for  field  rivets,  where  reaming  is  called  for  by  the 
preceding  paragraphs,  shall  be  reamed  to  iron  templets  at  least 
one  ( i )  inch  thick,  or  shall  be  reamed  while  the  connecting  pieces 
are  temporarily  assembled  either  in  shop  or  in  the  field.  If  such 
work  is  done  in  the  shop,  the  connecting  parts  must  be  match- 
marked  to  insure  similar  positions  in  erecting. 

All  built-up  members,  when  finished,  must  be  true  and  free 
from  twists,  kinks,  buckles  or  bent  joints  between  component 
pieces.  All  abutting  surfaces  of  compression  members,  except 


62 


Chap.  II. — Specifications:   Steel  and  Iron 

flanges  of  plate  girders,  must  be  planed  or  turned  to  even  bear- 
ings, so  that  they  shall  be  in  perfect  contact. 

All  I-beam  and  built-up  columns,  after  gusset  plates  are  rivetted  Columns, 
on,  shall  be  faced  top  and  bottom  perpendicularly  to  the  axis  and 
to  exact  length.  The  lug  angles  shall  then  be  set  so  as  to  produce 
an  even  bearing  as  determined  by  a  straight  edge.  If  lug  angles 
are  not  set  to  give  an  even  bearing,  then  the  same  shall  be  rivetted 
on  before  facing,  but  such  facing  shall  not  reduce  the  thickness  of 
angles  more  than  one-sixteenth  (1/16)  of  an  inch.  The  base 
plates  and  capplates  must  also  be  true  to  surface. 

Web-plates  must  not  project  beyond  the  flange  angles,  nor  be  Web-plates, 
more  than  one-quarter  (*4)  of  an  inch  from  the  same.     The  web 
stiffeners  of  the  plate  girders  shall  in  all  cases  be  milled,  to  form  a 
close  bearing  against  the  flange  angle. 

The  ends  of  all  stringers,  and  longitudinal  and  abutting  girders,  frn(h  of  girders, 
shall  be  faced  true  and  square  or  to  exact  bevel,  as  called  for  by 
the  plans.  The  header  angles  shall  be  so  accurately  fitted  that 
when  the  ends  of  the  stringers  or  girders  are  faced  to  the  figured 
length,  the  amount  of  metal  removed  shall  not  reduce  the  thick- 
ness of  the  ends  of  the  header  angles  by  more  than  one-sixteenth 
(1/16)  of  an  inch,  while  securing  a  true  surface  on  the  whole 
width  of  the  connection. 

The  abutting  ends  of  the  beams  in  the  roof  must  either  be  faced 
or  cold  sawed  so  smooth,  true,  square  and  perfectly  perpendicular 
to  the  longitudinal  axis  of  the  beams  that  joints  will  be  tight  and 
give  full  bearing  of  beam  ends. 

All  plates  thirty-six  (36)  inches  and  less  in  width  shall  have  Universal 
edges  universal-mill  rolled  or  planed.  mi11  Plates- 

When  members  are  connected  by  bolts  which  transmit  sheering  Bolts, 
stresses,  the  holes  must  be  reamed  parallel  and  the  bolts  have  a 
driving  fit. 

All  threads  and  nuts,  unless  otherwise  ordered,  shall  be  of  the 
United  States  standard. 

All  machine  surfaces  shall  be  coated  with  white  lead  and  tallow. 

Great  care  must  be  taken  in  handling  steel,  and  straightening  care  in  handling, 
after  punching  must  be  conducted  so  as  to  reduce  the  risk  of 
cracking  to  the  minimum. 

Steel  sections  must  not  be  hammered  cold  or  worked  at  a  black  Annealing 
heat.    When  any  part  of  the  steel  piece  in  which  the  full  strength 
is  required  has  to  be  heated  for  working,  the  whole  shall  be 
afterwards  annealed. 

63 


Chap.  II. — Specifications:    Painting 


To  be  carefully 
piled. 


All  parts  shall  be  loaded  for  shipment  from  the  shops,  so  as  to 
avoid  injury  in  transportation.  In  shipping  or  handling  at  any 
time,  every  care  shall  be  taken  to  avoid  bending  or  straining  the 
pieces,  or  damaging  the  paint. 

All  pieces  bent  or  otherwise  injured  will  be  rejected. 

All  pieces  of  finished  work  shall  have  proper  marks  stencilled 
thereon  before  shipment. 

All  steel  for  delivery  and  which  is  to  be  held  in  storage,  shall 
be  piled  in  courses  on  suitable  timber  supports,  and  all  so  ar- 
ranged as  to  prevent  the  component  parts  from  being  bent  or 
damaged.  Such  steel  shall  be  piled  in  such  locality  as  to  prevent 
its  being  covered  with  dirt,  and  shall  be  protected  from  the 
weather. 


Shop  coat. 
Red  lead. 


Rods  to  be  oiled. 


Second  coat, 
carbon  paint. 


Third  coat, 
white  lead. 


15.     PAINTING. 

The  metal  work  before  leaving  the  shop  shall  be  thoroughly 
cleaned  with  wire  brushes  and  have  all  loose  rust  and  scale  .re- 
moved to  the  satisfaction  of  the  Engineer,  and  be  given  one  ( I ) 
coat  of  pure  red  lead  and  pure  boiled  linseed  oil,  mixed  in  the 
proportion  of  thirty  (30)  pounds  of  red  lead  to  a  gallon  of  oil. 
After  erection  the  metal  work  shall  be  cleaned  from  dirt  or  other 
objectionable  matter  that  may  be  found  thereon,  and  then  thor- 
oughly and  evenly  painted  with  two  (2)  additional  coats  of  paint. 
In  the  case  of  members  buried  in  concrete,  the  third  coat  may  be 
omitted,  if  permitted  by  the  Engineer,  and  provided  that  any  dam- 
age to  the  first  coat  is  thoroughly  repaired  before  the  application 
of  the  second. 

Rods  intended  for  use  in  reinforced  concrete  shall  be  covered 
with  one  (i)  coat  of  pure  linseed  oil  before  shipment,  and  shall 
be  protected  from  the  weather  before  being  put  in  place,  and 
shall  be  cleaned  but  not  painted  before  being  incased  in  the  con- 
crete. 

The  second  coat  of  paint  for  members  incased  in  concrete  shall 
consist  of  a  carbon  black  paint,  containing  on  analysis  seventy 
(70)  per  cent,  pure  linseed  oil  and  thirty  (30)  per  cent,  of  pig- 
ment; the  latter  to  consist  of  at  least  eighty  (80)  per  cent,  of 
carbon  and  the  residue  to  be  composed  of  ash  and  silicates. 

The  exposed  members  shall  be  given  two  (2)  coats  of  white 
or  colored  paint  in  addition  to  the  usual  red  lead  coat,  repaired  if 


64 


Chap.  II.  —  Specifications:   Track 

necessary.  The  component  parts  of  said  white  paint  shall  be 
thirty  (30)  per  cent,  of  pure  linseed  oil;  seventy  (70)  per  cent,  of 
pure  white  lead,  and  necessary  per  cent,  of  Japan  dryer.  In  the 
final  coat  the  pigment  shall  consist  of  eighty  (80)  per  cent,  of 
white  lead  and  twenty  (20)  per  cent,  of  zinc  oxide.  Coloring 
matter  shall  be  added  as  directed  by  the  Engineer. 

Surfaces  of  built-up  members  in  contact,  or  inaccessible  after  Surfaces  in 
assembling,    shall  be  cleaned    before    assembling,  and    shall  be  contact- 
painted  with  one  (  I  )  heavy  coat  of  red  lead.    The  parts  shall  be  at 
once  assembled  for  riveting,  while  the  paint  is  still  fresh. 

All  recesses  that  might  contain  water,  or  through  which  water 
could  enter,  must  be  filled  with  thick  paint  or  a  waterproof  cement 
of  ground  skins  before  receiving  final  painting. 

All  surfaces  so  close  together  as  to  prevent  the  insertion  of  a 
brush,  must  be  painted  thoroughly  by  using  a  piece  of  cloth. 

All  materials  for  painting  shall  be  subject  to  the  closest  inspec-  inspection 
tion  and   chemical  analysis,   and   the  detection  of  any   inferior  of  paint. 
quality  of  material,  or  adulterant,  shall  involve  the  rejection  of  all 
such  material  and  the  scraping  and  repainting  of  such  portions  of 
the  work  which  were  painted  with  it. 

After  erection  the  metal  shall  be  thoroughly  cleaned  of  all  dirt,   Metal  to  be 
rust  or  scales  by  stiff  wire  brushes  or  sand  blast,  and  afterward  cleaned- 
dusted  and  thoroughly  and   evenly  painted  as  described  above. 
No  paint  to  be  applied  until  the  cleaning  has  been  passed  upon  by 
an  Inspector. 

The  mixing  and  application  of  paint  and  the  preparation  of  the 
surface  before  the  application  of  the  paint  will  be  subject  to  the 
closest  scrutiny. 

No  painting  in  rainy  or  freezing  weather  shall  be  done  without 
the  approval  of  the  Engineer. 

The  surface  of  the  concrete  and  brick  walls,  and  roof  arches,  Concrete  to 


shall  be  white  plastered,  or  shall  be  painted  with  two  (2)  coats  of  be 
light  color,  to  the  satisfaction  of  the  Engineer.     This  paint  may 
be  spread  on  by  machinery. 

The  final  coat  of  paint  at  stations  shall  contain  such  a  propor- 
tion of  granulated  cork  as  shall  be  directed  by  the  Engineer. 

1  6.     TRACK. 

The  track  shall  be  laid  of  the  best  materials  and  to  the  standard  Minimum  of 
and  in  the  manner  best  calculated  to  make  a  track  on  which  trains  vlbration. 

65 


Chap.  II. — Specifications:   Track 


How 
composed. 


Section  of  Rail. 


Composition  of 
Rail  Steel. 


Ingots. 


Reheating. 


can  be  run  at  the  highest  attainable  speeds  with  the  minimum  of 
jar  and  noise. 

The  track  shall  consist  of  rails  laid  on  and  surrounded  by  con- 
crete; or  laid  on  a  continuous  bearing  of  wooden  blocks,  the 
grain  of  which  is  to  be  transverse  to  the  length  of  the  rail ;  or  shall 
be  laid  on  cross  ties  imbedded  in  ballast. 

The  section  of  the  rail  rolled  shall  conform  to  the  section 
adopted  as  standard  by  the  American  Society  of  Civil  Engineers, 
a  templet  of  which  will  be  furnished  by  the  Board.  The  weight 
of  the  rail  per  linear  yard  shall  be  not  less  than  eighty  (80) 
pounds.  No  variation  in  height  exceeding  one-sixty-fourth 
(1/64)  of  an  inch  from  the  standard  section  will  be  permitted, 
and  the  fit  of  the  fishing  or  male  templet  shall  be  maintained 
perfect. 

Chemical  Composition — 

The  steel  of  which  the  rails  are  rolled  shall  contain  not  less 
than  four-tenths  (0.4)  nor  more  than  fifty-five  hundredths  (0.55) 
of  one  (i)  per  cent,  of  carbon  where  the  phosphorus  exceeds 
seven-hundredths  (0.07)  of  one  (i)  per  cent.  Where  the  phos- 
phorus is  seven-hundredths  (0.07)  of  one  (i)  per  cent,  or  less, 
the  carbon  shall  be  not  less  than  forty-five  hundredths  (0.45)  nor 
more  than  six-tenths  (0.6)  of  one  (i)  per  cent.  The  manganese 
in  no  case  shall  exceed  one  and  twenty-hundredths  (1.20)  per 
cent.,  and  where  the  phosphorus  exceeds  seven-hundredths  (0.07) 
of  one  (i)  per  cent.,  the  manganese  shall  not  be  higher  than  one 
(i)  per  cent.  Also  in  no  case  shall  the  phosphorus  exceed  one- 
tenth  (o.i)  of  one  (i)  per  cent. 

Treatment — 

After  the  ingots  are  cast  they  shall  be  kept  in  an  upright  position 
until  ready  to  be  rolled,  or  until  the  metal  in  the  interior  has  had 
time  to  solidify. 

No  "bled"  ingots,  nor  ingots  from  "chilled  heats"  shall  be 
used. 

Ingots  from  badly-poured  heats  shall  not  be  used  for  first 
quality  rails,  but  may  be  used  for  second  quality  rails. 

Sufficient  length  shall  be  cut  off  from  the  top  of  the  ingot  to  in- 
sure a  rail  free  from  "piping"  or  other  defects. 

In  reheating,  care  shall  be  taken  to  avoid  burning  the  steel, 
and  under  no  circumstances  shall  a  "cinder"  heat  be  allowed. 

The  number  of  passes  and  speed  of  train  shall  be  so  regulated 


66 


Chap.  II. — Specifications:   Track 

that  on  leaving  the  rolls  at  the  final  pass  the  temperature  of  the  Temperature, 
rail  will  not  exceed  that  which  requires  a  shrinkage  allowance 
at  the  hot  saws  of  more  than  six   (6)   inches,  and  no  artificial 
means  of  cooling  the  rails  shall  be  used  between   the  finishing 
pass  and  the  hot  saws. 

Mechanical  Requirements — 

The  name  of  the  maker,  the  month  and  year  of  manufacture,  How  marked, 
and  the  number  of  the  blow  or  heat  shall  be  marked  in  plain  let- 
ters and  figures  on  the  side  of  the  web  of  the  rail. 

The  section  of  the  rail  rolled  shall  conform  to  the  proper  tern-  Templates, 
plate.     The  fit  of  the  fishing  or  male  template  must  be  perfect. 
The  weight  per  yard  shall  be  kept  as  near  to  the  weight  of  the 
section  as  practicable. 

The  length  of  rails,  at  a  temperature  of  sixty   (60)   degrees  Rail  lengths. 
Fahrenheit,  shall  be  thirty-three   (33)    feet;  shorter  rails,  to  an 
amount  not  exceeding  ten  ( 10)  per  cent,  of  each  shipment,  will 
be  received  in  lengths  down  to  twenty-four   (24)   feet  in  even 
feet. 

The  rails  must  be  free  from  mechanical  defects  and  flaws,  and  No.  i  Rails, 
shall  be  sawed  square  at  the  ends,  and  burrs  made  by  the  saw  care- 
fully chipped  and  filed  off,  particularly  under  che  head  and  on  top 
of  the  flange. 

The  rails  shall  be  smooth  on  the  heads;  straight  in  all  direc- 
tions, both  line  and  surface;  and  without  any  twists,  waves  or 
kinks ;  particular  attention  being  given  to  have  the  ends  without 
kinks  or  drop.  The  hot  straightening  shall  be  carefully  done,  so 
that  gagging  under  the  cold  press  will  be  reduced  to  the  minimum, 
and  so  applied  that  the  rails  shall  not  be  made  "lumpy." 

Such  "lumpy"  rails  will  only  be  accepted  as  No.  2  rail  as  here- 
after described. 

Circular  bolt  holes  shall  be  drilled  in  the  web  near  each  end;  Bolt  holes, 
the  number,  size  and  location  of  holes  to  conform  to  drawing 
furnished  by  the  Board.    The  holes  must  be  accurately  spaced  and 
drilled  and  must  be  free  from  burrs. 

Tests— 

A  rail  butt,  selected  by  the  Inspector,  from  each  five  conver-  BendmS  Tests- 
sions.  shall  be  placed  head  upwards  on  solid  steel  or  iron   sup- 
ports, of  which  the  distance  apart,  in  the  clear,  shall  be  three  (3) 
feet,  and  upon  it  shall  be  dropped  a  weight  falling  from  such 
height  as  to  make  a  blow  of  thirty-seven  thousand  five  hundred 

67 


Chap.  II. — Specifications:   Track 


Inspection  to 
be  thorough. 


Cause  for 
rejection. 


No.  2  Rails. 


(37,500).  foot-pounds  for  eighty  (80)  pound  rail,' and  forty-nine 
thousand  (49,000)  foot-pounds  for  one  hundred  (100)  pound 
rail,  and  the  deflection  produced  must  not  exceed  two  and  three- 
quarters  (2^4)  inches  at  the  first  blow.  Should  this  test  piece 
break  or  fail  in  deflection,  a  second  test  may  be  made.  If  it  also 
fails,  all  rails  from  that  heat  shall  be  rejected;  but  if  the  second 
test  stands,  then  a  third  one  shall  be  made,  and  if  this  be  success- 
ful, the  rails  from  that  conversion  shall  be  accepted. 

Inspection — 

Inspectors  shall  have  free  entry  to  the  works  of  the  makers  at 
all  times  while  this  contract  is  being  filled,  and  shall  have  all 
reasonable  facilities  afforded  to  satisfy  them  that  the  rails  are 
being  made  in  accordance  with  these  specifications.  The  makers 
shall  furnish  them  with  the  carbon  determination  of  each  heat  and 
sufficient  number  of  complete  analyses  to  represent  the  average 
steel  of  each  day's  work  before  the  rails  are  shipped.  These 
analyses  will  be  checked  from  time  to  time  by  the  chemist  of  the 
Board. 

The  Inspectors  shall  reject  rails  from  insufficiently  sheared 
blooms,  or  from  heats  the  test  pieces  of  which  have  failed  under 
the  drop  test,  or  from  badly-poured  ingots,  or  from  "chilled" 
heats,  or  from  "bled"  ingots. 

The  rails  made  from  heats,  the  test  pieces  or  drop  tests  of 
which  have  failed,  the  rails  from  badly-poured  heats,  and  rails 
from  insufficiently  sheared  blooms,  may  be  received  as  No.  2  rails ; 
but  if  made  from  a  "chilled"  heat  or  "bled"  ingot,  are  to  be  abso- 
lutely rejected. 

By  a  badly-poured  heat  is  meant  one  which  from  any  cause 
has  been  teemed  without  the  control  of  the  operator. 

A  "chilled"  heat  is  one  which,  by  reason  of  the  chilling  of  the 
steel,  has  to  be  either  pricked  or  poured  over  the  top  of  the  ladle. 

A  "bled"  ingot  is  one  from  the  centre  of  which  (the  liquid  steel 
has  been  permitted  to  escape. 

Rails  improperly  drilled,  straightened,  chipped  or  filed,  shall 
be  rejected,  but  may  be  accepted  after  being  properly  finished. 

No.  2  rails,  to  the  extent  of  five  (5)  per  cent,  of  the  whole 
order,  will  be  received.  All  rails  accepted  as  No.  2  must  have  the 
ends  painted  white,  and  must  be  kept  separate  from  the  No.  i  and 
shipped  in  separate  cars. 

The  requirements  of  No.  2  rails  shall  be  the  same  as  for  No.  I, 


68 


Chap.  II. — Specifications:   Track 

except  that  they  may  be  accepted  with  a  flaw  in  the  head  not  ex- 
ceeding one-quarter  (j4)  of  an  inch  deep,  and  may  have  been 
made  from  an  imperfectly-poured  ingot  or  from  heats  of  which 
the  test  pieces  or  drop  tests  have  failed,  or  they  may  be  "lumpy" 
rails. 

All  rails  must  be  loaded  in  the  presence  of  the  inspector.  Loading  Rails. 

At  any  time  before  shipment,  the  Engineer  or  his  duly  author- 
ized inspector  shall  have  the  power  to  reject  any  material  or 
finished  pieces  that,  in  his  judgment,  do  not  comply  with  the  speci- 
fications, or  which  in  material  or  workmanship  are  not  first  class 
in  every  respect. 

In  loading  rails  or  unloading  them  from  the  cars,  or  in  hand- 
ling them  at  any  other  time  up  to  and  including  the  actual  laying, 
care  must  be  taken  not  to  bruise  them  or  drop  them  from  a  height, 
or  to  let  them  fall  upon  each  other. 

The  rails  shall  be  laid  truly  to  exact  line,  and  so  that  the  distance  Gauge 
between  the  inside  faces  on  tangents  shall  be  four  (4)  feet  eight  of  Track- 
(8)   and  one-half  (y^)  inches,  and  on    curves    such    additional 
width  as  the  degree  of  curvature  shall  require.    The  rails  of  the 
track  on  curves  shall  be  bent  previously  to  laying  by  an  approved 
rail  bender,  to  correspond  exactly  with  the  curvature  of  the  line. 
No  springing  of  rails  to  curve  will  be  permitted. 

All  cutting  of  rails  to  close  at  switches,  frogs,  or  elsewhere, 
shall  be  done  with  a  saw. 

The  rail  surface  must  be  exactly  true  longitudinally,  and  both  Rails  to  ^e 
rails  of  the  same  track  shall  be  set  so  that  their  tops  are  on  the  laid  true, 
same  level,  transversely,  except  on  curves,  where  the  outer  rail 
must  be  set  at  a  higher  elevation  than  the  inner  rail,  the  amount 
of  such  super-elevation  depending  on  the  degree  of  curvature  and   Super-elevation, 
the  location  and  situation  of  curves  as  governing  the  speed  of 
trains  at  such  point.    The  amount  of  such  super-elevation  for  each 
case  will  be  furnished  by  the  Engineer. 

Rails  shall  always  be  laid  with  broken  joints ;  that  is,  the  joints   Broken  joints 
in  one  line  of  rails  are  to  be  opposite  the  centres  of  the  other  line 
of  rails  in  the  same  track. 

Where  rails  are  laid  with  fished  joints,  iron  shims  of  thickness   shims, 
depending  on  the  temperature  when  laying,  and  as  ordered  by  the 
Engineer,  shall  be  used ;  and  while  laying,  at  least  the  last  three 
(3)  consecutive  shims  must  remain  in  position. 

The  joint  used  shall  be  approved  by  the  Engineer.  Joint. 

69 


Chap.  II. — Specifications:  Ducts 


Laying. 


Ties. 


Ballast. 


Tie  Plate. 

Guard  Rails. 
Timber. 


Frogs  and 
Switches. 


Quality. 


No  burr,  projection  or  unevenness  will  be  permitted  on  the  top 
or  on  the  gauge  side  of  the  head. 

All  lining,  gauging,  levelling,  spiking,  bolting  and  other  work 
in  connection  with  the  laying  of  the  track,  must  be  done  by 
specially  skilled  workmen  in  a  manner  entirely  satisfactory  to  the 
Engineer. 

Bearing  blocks  or  cross  ties  for  the  support  of  the  rail,  if  sucn 
are  used,  shall  be  of  sound,  white  oak,  or  long  leafed  yellow  pine, 
made  to  exact  dimensions  as  prescribed  in  plans  to  be  furnished. 

In  case  ballast  is  used,  said  ballast  shall  be  of  gravel  or  hard 
broken  stone  not  subject  to  granulation,  and  such  as  shall  pass 
through  a  half  (l/2)  inch  ring.  In  laying  the  ballast  it  shall  be 
laid  to  the  top  of  the  rail  on  the  outside  and  on  the  underside  of 
the  rail  on  the  inside. 

On  every  tie  and  in  the  proper  place  beneath  the  rail  seat,  there 
must  be  set  a  tie-plate  having  ribs  running  longitudinally  with 
the  cross-tie. 

Guard  rails  of  approved  dimension,  and  material  shall  be  laid  on 
the  inside  of  both  rails  on  curves. 

All  timber  used  in  connection  with  the  track  shall  be  thoroughly 
sound  and  free  from  sap,  shakes,  decay  or  any  other  defects  which, 
in  the  judgment  of  the  Engineer,  might  impair  its  strength,  dura- 
bility or  serviceability  for  the  special  uses  intended,  and  after  be- 
ing- dressed  to  the  dimensions  required  shall  be  preserved  against 
decay  by  some  process  satisfactory  to  the  Engineer. 

All  frogs,  switches  and  other  appurtenances  of  a  similar  nature, 
must  be  of  such  a  design  as  to  give  an  unbroken  or  continuous 
bearing  on  the  main  track  rails,  and  all  such  devices  must  receive 
the  approval  of  the  Engineer  before  being  laid.  All  switches,  as 
far  as  practicable,  shall  be  laid  trailing. 

All  angle  bars,  bolts  and  nuts,  washers,  nutlocks,  hook  bolts, 
spikes,  and  other  material  used  in  connection  with  the  track,  shal! 
be  according  to  the  plans  issued  by  the  Board  or  as  may  be  ap- 
proved by  the  Engineer. 

17.     DUCTS. 

The  ducts  to  contain  cables  for  transmitting  electricity  shall  be 
manufactured  of  the  best  clay,  thoroughly  mixed,  burnt  and  vitri- 
fied, sound  in  all  respects,  straight  and  free  from  soft  spots, 
stones,  cracks  or  blisters  calculated  to  impair  their  strength  or 


70 


Chap.  II. — Specifications:  Ducts 

durability;  in  lengths  of  from  eighteen  (18)  to  thirty-six  (36)  Size, 
inches,  in  four-way  form  with  circular  holes,  the  least  diameter 
to  be  three  and  one-half  (3^2)  inches.  The  interior  surface  of 
the  holes  to  be  smooth  and  clear  of  warts,  tits,  pits  or  blisters, 
which  may  tend  to  strip  the  lead  coating  from  the  electric  cable 
in  pulling  the  same  through  the  duct.  The  ends  to  be  cut  smooth 
and  at  right  angles  to  the  axis  of  the  duct  and  beveled  on  inside 
for  three-quarters  (24)  of  an  inch. 

The  outside  walls  and  webs  of  ducts  to  be  three-quarters  (.^4) 
of  an  inch  thick;  the  outside  dimensions  of  ducts  to  be  not  less 
than  nine  and  one-quarter  (9%)  nor  more  than  ten  (10)  inches, 
and  constructed  square  on  outer  lines. 

The  ends  of  ducts  to  be  combed  with  two  (2)  sets  of  three  (3) 
combings  each,  each  combing  to  have  a  width  of  one-quarter  (*4) 
of  an  inch  and  a  depth  of  one-sixteenth  (1/16)  of  an  inch. 

The  inside  and  outside  of  ducts  to  be  thoroughly  glazed  in  the  Glaze, 
most  approved  manner  with  good  salt  glaze. 

All  ducts  to  be  subject  to  inspection,  both  at  the  works  and  on  Inspection. 
delivery  along  the  line  of  the  work.     All  rejected  ducts  to  be 
promptly  removed  by  the  Contractor  at  its  expense. 

The  ducts  shall  be  laid  in  beds  of  cement  mortar  about  one-  jjow  i^. 
quarter  (%)  of  an  inch  in  thickness,  with  broken  joints  and  with 
full  bearing.  Two  (2)  strips  of  thick  muslin  six  (6)  inches  wide, 
and  coated  with  neat  cement  mortar,  shall  be  used  to  wrap  each 
joint,  the  ends  of  the  wrap  to  lap  four  (4)  inches.  In  laying  the 
ducts  care  must  be  taken  to  close  abutting  joints  so  that  practically 
the  ends  of  ducts  shall  be  in  contact  on  all  sides.  Where  ducts 
are  laid  on  curves,  the  wraps  must  be  doubled  if  required,  to  pro- 
tect the  openings  between  the  ends  of  the  ducts  on  the  outer  line 
of  the  duct  and  to  exclude  all  mortar  from  duct  openings. 

The  ducts  shall  be  laid  with  a  mandril  of  the  length  and  diame- 
ter to  be  prescribed,  accurately  fitting  duct  openings.  The  mandril 
to  be  left  in  each  duct  until  the  next  succeeding  duct  is  laid. 

The  ducts  shall  be  laid  with  dowel  pins  where  required. 

The  ducts  shall  be  so  laid  that  the  centre  of  the  holes  to  receive 
the  electric  cables  shall,  for  each  vertical  section  of  duct,  be  laid 
on  the  same  line  vertically  and  horizontally,  to  an  accurate  and 
perfect  alignment. 

After  the  ducts  are  laid,  and  sufficient  time  is  given  to  allow  the  j0  b 
mortar  beds  to  partially  set,  they  shall  be  rodded;  all  mortar  or 

71 


Chap.  II. — Specifications:    Sewers 

other  foreign  matter  must  be  cleaned  from  the  duct  openings,  leav- 
ing a  clear  and  smooth  opening.  If  obstructions  are  found  in  rod- 
ding  the  ducts  which  cannot  be  removed  by  cleaners,  so  as  to  give 
a  clear  and  smooth  opening  of  three  and  one-half  (3^)  inches  in 
all  duct  openings,  the  ducts  shall  be  removed  and  relaid. 
At  manholes  the  ducts  will  be  laid  to  conform  to  plans. 


Contract 
Drawings. 


General  clauses 
apply. 


Spurs. 


Cement 
mortar. 


Trenches   to  be 
free  from  water. 


Sewers  and  water 
pipes  to  be  relaid. 


1 8.     SEWERS. 

Sewers  and  appurtenances  are  to  be  built  of  the  materials,  sizes 
and  dimensions,  and  on  the  lines  and  in  the  manner  shown  by 
Contract  Drawings  Numbers  2  Bi.  to  2  Bn. 

The  general  clauses  in  these  specifications  relating  to  excava- 
tion, both  in  open  trench  and  tunnel ;  backfilling ;  cement ;  mortar ; 
masonry;  piling;  timber  work  of  all  kinds;  care  of  streets  and 
public  places;  maintenance  of  surface  and  subsurface  structures; 
protection  of  persons  and  property;  repaving  or  restoring  of  the 
surface  of  the  street  or  other  public  places;  responsibility  of  the 
Contractor;  authority  of  the  Engineer  to  examine  and  condemn 
materials ;  and  the  power  of  the  Board  and  the  Engineer  in  all  or 
any  other  respects  to  enforce  this  Contract,  apply  to  the  construc- 
tion and  reconstruction  of  sewers,  water  mains  or  pavements,  un- 
less specifically  amended  or  exempted  below,  both  along  the  route 
occupied  by  the  railway  and  elsewhere. 

All  necessary  bull's  eyes  or  spurs  for  connection  of  branch  sew- 
ers, whether  of  brick  or  pipe,  are  to  be  built  in  the  proposed  sewer 
at  the  points  indicated  on  the  Contract  Drawings,  and  at  other 
points  as  the  Engineer  may  direct. 

All  the  mason  work  throughout,  whether  of  brick  or  stone,  will 
be  laid  in  cement  mortar,  made  and  laid  as  described  in  these  speci- 
fications, except  when  otherwise  ordered  in  writing  by  the  En- 
gineer. 

All  the  trenches,  while  the  foundations  are  being  laid  and  the 
masonry  is  being  constructed,  must  be  kept  entirely  free  from 
water,  and  the  sides  of  the  excavations  must  in  all  cases  be 
strongly  and  thoroughly  sheeted  and  shored. 

If  it  should  be  found  upon  excavating,  that  the  proposed  sewers, 
culverts  or  receiving  basins  would  follow  the  line  or  occupy  the 
place  of  any  existing  sewer,  culvert,  drain  or  water  pipe,  the  Con- 
tractor shall,  if  the  Engineer  so  directs,  remove  such  sewer,  cul- 


72 


Chap.  II. — Specifications:    Sewers 

vert,  drain  or  water  pipe  and  rebuild  and  relay  the  same  in  such 
place  and  in  such  manner  as  the  said  Engineer  shall  direct,  and  if 
in  the  opinion  of  the  Chief  Engineer  of  the  Department  of  Water 
Supply,  it  be  necessary  to  temporarily  remove  and  relay  any  water 
pipe,  the  same  shall  be  done  by  the  Contractor  or  by  the  said  Chief 
Engineer,  and  the  expense  thereof  shall  be  borne  by  the  Contrac- 
tor ;  and  all  existing  sewers,  culverts,  drains,  and  house  connec-  All  connections 
itons  intercepted  by  the  proposed  sewers,  culverts  or  receiving  * 
basins,  shall  be  connected  with  the  new  work  by  proper  curves 
and  grades  in  such  manner  as  the  Engineer  shall  direct;  and  all 
sewers,  drains,  basins,  or  culverts  rendered  unnecessary,  or  be- 
coming disused  by  the  construction  of  the  work  herein  contem- 
plated, must  be  filled  in  and  made  solid,  in  the  manner  directed, 
with  good,  wholesome  earth. 

Should  postponement  or  delay  be  occasioned  by  the  precedence  No  claims  for 
of  paving  or  other  contracts,  which. may  be  either  let  or  executed  damages, 
by  the  Department  of  Public  Works  before  or  after  the  execution 
of  this  contract,  on  the  line  of  the  work,  no  claims  for  damages 
therefor  shall  be  made  or  allowed;  nor  shall  any  claim  for  dam- 
ages be  made  or  allowed  in  consequence  of  the  street  or  the  ad- 
joining sewers  not  being  in  the  condition  contemplated  by  the 
parties  at  the  time  of  making  the  contract,  except  that  if  the  Con- 
tractor shall  be  delayed  in  the  performance  of  its  work  by  reason 
of  the  street  or  the  adjoining  sewers  not  being  in  such  condition, 
an  allowance  of  time  shall  be  given  in  the  completion  of  the 
work  equal  to  the  delay  so  occasioned. 

The  connections  with  the  present  sewers  are  to  be  made  in  a.  Connections   with 
workmanlike  manner.     Wherever  the  proposed   sewers  connect  present  sewers, 
with  manholes  into  which  pipes  of  unsuitable  size  for  such  connec- 
tions have  been  inserted,  the  same  shall  be  carefully  taken  out  and 
new  connections  made  without  injuring  the  manholes.    The  ends 
of  all  sewers,  branches  and  spurs  to  be  securely  closed  with  brick 
masonry  or  approved  stone-ware  covers. 

The  ground  shall  be  excavated  in  open  trenches  to  the  necessary    size  of  trenches, 
width  and  depth,  or  as  directed  by  the  Engineer. 

The  trenches  for  sewers  in  streets  other  than  the  route  of  the 
railroad,  shall  be  one  (i)  foot  wider  on  each  side  than  the  sewers 
intended  to  be  laid  in  them,  at  the  point  of  the  greatest  external 
diameter,  and  the  bottom  of  the  trenches  shall  be  excavated  to 
the  exact  form  and  size  of  the  lower  half  of  the  sewers,  or  as  the 

73 


Chap.  1 1. —Specifications:    Sewers 


No   tunnelling. 


Sides  to  be 
supported. 


Irregularities  to 
be  filled. 


Foundation 
timbers. 


Portland 
cement. 

Material 
excavated. 


Contract  Drawings  call  for,  unless  otherwise  ordered  by  the  En- 
gineer. 

No  tunnelling  will  be  allowed  except  by  special  consent  of  the 
Board  and  according  to  the  method  approved  by  the  Engineer. 

The  sides  of  the  excavation  shall  be  supported  by  suitable  plank- 
ing and  shoring  wherever  necessary ;  and  in  all  cases  the  same  are 
to  be  drawn  as  the  work  progresses,  unless  otherwise  ordered. 

All  irregularities  in  the  bottom  of  the  trenches  shall  be  filled 
up  to  the  required  level  with  gravel  or  clean  sand,  firmly  rammed 
in ;  and  where  the  ground  does  not  afford  a  sufficiently  solid  foun- 
dation the  Contractor  shall  excavate  the  trench  to  such  increased 
depth  as  the  Engineer  may  decide  to  be  necessary,  and  shall  then 
bring  it  up  to  the  required  level  and  form  with  such  material  and 
in  such  manner  as  the  Engineer  shall  determine. 

Foundation  timber  and  plank  of  good  pine,  spruce  or  hemlock 
shall  be  furnished  and  laid,  where  required,  as  may  be  decided  in 
each  case  by  the  Engineer  or  as  shown  on  the  plan^f  the  work. 
All  timber  shall  be  sound  and  free  from  sap,  without  cracks  or 
shakes,  and  squared  to  the  dimensions  required  throughout  the 
entire  length. 

The  timber  and  plank  shall  be  secured  to  each  other  or  to  the 
piles  with  good  seasoned  oak  or  locust  tree-nails,  or,  if  the  Engi- 
neer so  elect,  spiked  with  the  best  quality  of  wrought-iron  nails 
or  spikes  of  such  size  and  length  and  at  such  points  and  numbers 
as  may  be  designated  by  the  Engineer.  Bolts  will  be  used  as  re- 
quired by  the  plans  and  as  thereon  shown. 

All  brickwork  and  concrete  below  mean  high  water,  and  in  all 
wet  bottoms,  shall  be  laid  in  Portland  cement  mortar. 

The  material  excavated  from  the  trenches  in  streets  other  than 
the  route  of  the  railway,  for  the  first  one  hundred  (100)  feet  in 
length,  shall  be  carted  away  by  the  Contractor  as  soon  as  exca- 
vated, and  the  material  subsequently  excavated  shall  be  used  to 
fill  in  the  trench  where  the  sewer  has  been  built.  This  is  done  so 
as  to  insure  that  there  shall  be  no  surplus  material  lying  on  the  line 
of  the  street  at  any  time  during  the  construction  of  said  sewer. 
Any  extra  material  required  for  filling  at  the  completion  of  the 
work  shall  be  procured  by  the  Contractor,  and  at  all  times  the 
streets  and  sidewalks  shall  be  kept  open  and  free  for  the  passage 
of  carts,  wagons,  carriages  and  street  cars,  or  pedestrians,  unless 
when  otherwise  authorized  by  special  permission  of  the  Board. 


74 


Chap.  II. — Specifications:    Sewers 

No  more  than  two  hundred  (200)   feet  of  trench  off  the  line  Length  of 
of  the  railroad  shall  be  opened  at  any  one  time  in  advance  of  the 
complete  building  of  the  sewer,  unless  by  permission  of  the  Board, 
and  for  the  distance  therein  specified. 

On  the  completion  of  each  section  of  one  hundred  (100)   feet  Repaying. 
of  sewer  the  regrading  and  repaying  over  the  same  shall  be  done 
and  completed,  and  all  surplus  earth,  sand  and  rubbish  on  that 
section  shall  be  immediately  removed. 

When  running  sand,  quicksand,  or  bad  or  treacherous  ground  Quicksand, 
is  encountered,  the  work  shall  be  carried  on  with  the  utmost  vigor, 
and  shall  be  proceeded  with  day  and  night  should  the  Board  so 
require. 

The  Contractor  shall  provide  for  the  flow  of  all  sewers,  drains  Flow  of  sewers 
and  water-courses  interrupted  during  the  progress  of  the  work,  to   be   mamtamed- 
and  shall  restore  and  make  good  all  connections,  and  shall  imme- 
diately cart  away  and  remove  all  offensive  matter,  in  such  manner 
and  with  such  precautions  as  may  be  directed  by  the  Engineer. 
All  temporary  house  connections  shall  be  made  by  closed  iron 
pipes,  with  suitable  provision  for  preventing  leakage  at  joints. 
Open  wooden  troughs  for  such  connections  will  not  be  permitted. 

All  excavations  for  culverts  and  receiving  basins  in  earth  are 
subject  to  these  specifications  for  trenches. 

When  rock  is  to  be  excavated,  it  shall  be  fully  taken  out  twenty  Rock  excavation. 
(20)  feet  in  advance  of  the  laying  of  the  sewer,  and  six  (6) 
inches  below  the  grade  of  the  outer  bottom  of  the  sewer,  and, 
except  when  concrete  or  cement  is  used  under  the  sewer,  the 
trench  then  filled  up  to  the  level  of  that  grade  with  clean,  sharp 
sand,  thoroughly  rammed  and  made  solid.  The  trench  at  the  point 
of  the  sewer's  greatest  external  diameter  shall  be  one  (i)  foot 
wider  on  each  side  than  the  sewer  intended  to  be  laid  in  it,  pro- 
vided that  the  trench  shall  in  no  case  be  of  less  width  than  four 
(4)  feet  six  (6)  inches,  and  the  sides  shall  be  vertical. 

After  the  sewer  with  its  required  foundations  is  laid  or  built,  Backfilling 
the  trench  shall  be  backfilled,  and  the  filling  carefully  packed  and 
rammed  under  and  around  the  sewer  by  trusty  persons  with 
proper  tools.  No  braces  used  for  support  shall  rest  directly  on 
the  sewer.  The  refilling  of  the  trenches  shall  be  done  in  layers 
not  exceeding  four  (4)  inches  thick  in  the  loose,  and  the  earth 
used  is  not  to  be  dumped  in  piles,  but  is  to  be  spread  evenly  at 
that  thickness,  and  then  compressed  by  iron  tampers.  The  num- 

75 


Chap.  II. — Specifications:   Sewers 


Backfilling 
around  pipe 
sewers. 


Surplus  material 
removed. 


Bricks. 


How  laid. 


her  of  men  using  tamping  irons  shall  be  in  the  proportion  of  four 
(4)  tampers  to  one  (i)  shoveller.  If  directed  by  the  Engineer 
the  falling  shall  be  flushed  with  water  before  tamping.  No  stone 
over  three  (3)  inches  in  diameter  will  be  allowed  in  refilling.  No 
retaining  walls  for  the  refilling  will  be  allowed  in  the  trenches 
over  the  sewers,  whether  for  temporary  use  or  otherwise. 

The  refilling  in  all  cases  shall  be  of  good,  clean  earth,  sand  or 
gravel,  free  from  stones  above  three  (3)  inches  in  diameter,  and 
not  containing  in  any  part  or  place  a  proportion  of  stones  below 
that  size  exceeding  one  (i)  part  of  stone  to  three  (3)  parts  of 
earth.  For  a  height  of  at  least  one  and  one-half  (i^)  feet  above 
the  top  of  all  pipe  sewers  the  material  shall  be  entirely  free  from 
stones. 

Where  pipe  sewers  are  used  special  precaution  will  be  required. 
The  earth  must  be  carefully  laid  in  so  as  not  to  disturb  them,  and 
tamped  and  solidly  rammed  down,  under  and  around  the  pipes, 
with  proper  tools  made  for  this  purpose.  The  trench  shall  then 
be  filled  by  layers,  as  above  described,  and  the  first  layers  to  a 
point  at  least  nine  (9)  inches  above  the  top  of  the  pipe  shall  be 
carefully  thrown  in  with  shovels,  and  not  from  barrows  or  carts. 
In  all  cases  of  rock  excavation  clean,  wholesome  earth  must  be 
provided  and  refilled  in  the  manner  above  described  for  a  height 
of  at  least  fifteen  (15)  inches  above  the  top  of  the  pipe. 

As  the  trenches  are  filled  in  and  the  work  completed,  the  Con- 
tractor shall  cart  away  or  remove  all  surplus  earth,  stone  and  other 
material  from  the  ground,  or  to  such  places  on  the  line  of  the 
work  as  the  Engineer  shall  direct,  and  leave  all  roads  and  places 
free,  clear  and  in  good  order ;  and  in  case  this  is  neglected,  it  will 
be  allowed  only  twenty- four  (24)  hours  to  remove  the  same,  after 
a  written  notice  of  its  failure  or  neglect. 

In  the  construction  of  brick  masonry,  none  but  the  best  quality 
of  whole  North  River  bricks,  burned  hard  entirely  through,  will 
be  used ;  they  shall  be  equal  to  the  sample  to  be  seen  in  the  office 
of  the  Engineer  of  the  Department  of  Sewers  and  are  to  be  culled 
as  they  are  brought  on  the  ground,  and  all  bats  and  all  bricks  of 
improper  quality  are  to  be  immediately  removed  from  the  work. 
Bats  are  to  be  used  only  in  manholes  and  closures. 

The  bricks  are  to  be  thoroughly  wet  by  immersion  immediately 
before  laying.  Every  brick  is  required  to  be  laid  in  a  full  joint  of 
mortar,  made  as  described  in  these  specifications,  on  its  beds,  ends 


'76 


Chap.  II. — Specifications:   Sewers 

and  sides,  at  one  operation.  In  no  case  is  mortar  to  be  slushed 
or  grouted  in  afterward.  The  bricks  are  to  be  neatly  and  truly 
laid,  every  second  course  by  line,  and  the  joints  to  be  carefully 
struck  on  the  inside,  and  the  sewer  is  to  be  coated  on  the  outside 
with  Natural  cement  mortar  one  (i)  inch  in  thickness,  mixed  in 
the  proportion  of  one  (i)  portion  of  cement  to  one  (i)  portion 
of  sand. 

All  brick  work,  as  it  progresses,  must  be  racked  back  in  courses, 
and  in  no  case  will  it  be  allowed  to  be  toothed,  unless  by  special 
permission  in  writing  from  the  Engineer. 

All  inverts,  or  bottom  curves,  are  to  be  worked  from  profiles  inverts. 
accurately  made  according  to  the  dimensions  of  the  sewer,  and 
correctly  set  according  to  the  grades  furnished.  The  same  shall 
be  allowed  to  set  for  twenty- four  (24)  hours  before  the  arch  is 
turned.  Vitrified  stoneware  inverts  or  vitrified  bricks  shall  be 
used  when  required  by  the  plan  of  the  work,  and  whenever  so  used 
they  must  be  thoroughly  jointed  so  as  to  be  water-tight  along  the 
inner  surface  of  the  sewer,  in  such  manner  as  the  Engineer  shall 
direct;  and  when  required  by  the  Engineer  the  internal  space  of 
the  invert  blocks  is  to  be  solidly  filled  with  concrete  made  as  de- 
scribed in  these  specifications  and  well  rammed  in  as  each  invert 
block  is  laid. 

The  upper  curves  of  arches  are  to  be  formed  on  strong  centres  Arches, 
of  correct  form  and  dimensions,  according  to  the  sizes  and  shapes 
required.     The  crown  is  to  be  keyed  up  with  stretchers,  in  full 
joints  of  mortar.    The  centres  shall  not  be  removed  or  withdrawn 
in  less  than  thirty-six  (36)   hours,  and  until  the  work  is  thor- 
oughly set  and  the  filling  of  earth  is  properly  put  into  place  to  a 
depth  which  is  at  least  one  ( i )  foot  above  the  crown  of  the  arch. 
The  centres  shall  then  be  drawn  or  struck  with  care,  so  as  not  to- 
crack  or  injure  the  work. 

All  fresh  work  must  be  carefully  protected  from  injury  in  any  Fresh  work  to 
way.     No  wheeling  or  walking  on  it  will  be  allowed,  and  any  por-  "3e  protected, 
tion  injured  must  be  relaid  by  the  Contractor. 

Unless  otherwise  permitted,  vitrified  sewer  pipes  or  spurs,  with  House  spurs, 
heels  moulded  thereon  for  house  connections,  and  equal  in  every 
respect  to  those  described  in  these  specifications,  and  of  not  less 
than  six  (6)  inches  interior  diameter,  and  of  sufficient  length  to 
project  at  least  four  (4)  inches  beyond  their  exterior,  are  to  be 
worked  into  the  walls  of  brick  or  pipe  sewers  at  an  angle  of  about 


77 


Chap.  II, — Specifications:   Sewers 


Iron  spurs. 


Lead  joints. 


Mortar. 


forty-five  (45)  degrees,  and  in  the  direction  of  the  flow  of  the 
current.  They  are  to  be  built  in  wherever  similar  house  connec- 
tions exist  in  the  present  sewer  which  is  to  be  reconstructed  under 
this  contract,  the  distance  not  to  be  more  than  twenty-five  (25) 
feet  between  spurs.  In  the  case  of  the  construction  of  new  sew- 
ers where  no  sewers  existed  previously,  except  sewers  under  pub- 
lic parks  or  crossing  intersecting  streets,  they  are  to  be  built  in 
opposite  each  house,  and  where  there  are  no  houses,  at  an  average 
distance  apart  of  twelve  (12)  feet  on  each  side  of  the  sewer;  they 
are  to  be  so  set  that  their  inner  ends  will  be  flush  with  the  inner 
face  of  the  sewer,  which  end  must  be  moulded  or  trimmed  to  the 
same  curve.  They  are  to  be  set  at  such  height  in  the  walls  as  the 
Engineer  may  direct,  and  each  pipe  or  spur  is  to  be  closed  out- 
side by  inserting  an  earthenware  cover  made  for  the  purpose. 

On  deep  sewers  and  in  alterations  and  improvements  of  old 
sewers,  six  (6)  inch  iron  spur-pipe  for  house  connections  is  to  be 
connected  with  the  new  sewer  in  the  manner  directed  by  the  Engi- 
neer as  work  progresses,  with  the  necessary  bends  and  caps,  and 
all  pipe  or  fixtures  shown  on  the  plan  of  work  shall  be  furnished 
and  laid  by  the  Contractor. 

The  pipe  is  to  be  six  (6)  inch  iron  pipe  of  the  quality  known 
as  extra  heavy  soil  pipe,  weighing  not  less  than  twenty  (20)  Ibs. 
per  linear  foot,  and,  including  all  the  fixtures,  is  to  be  thoroughly 
coated  with  coal  tar  according  to  the  requirements  of  the  Board. 

Samples  of  the  connection  pieces  and  other  fixtures  are  to  be 
approved  by  the  Engineer  before  any  of  them  are  used  in  the 
work. 

The  iron  pipes  are  to  be  put  together  with  leaded  joints  and 
carefully  laid  to  the  grades  furnished  by  the  Engineer.  The  lay- 
ing of  the  pipes  and  the  packing,  leading  and  caulking  of  the  joints 
are  to  be  done  in  accordance  with  the  specifications  for  the  laying 
of  water  mains. 

All  pipe  branches  for  lateral  sewers  are  to  be  similarly  fur- 
nished and  built  in  where  required. 

All  mortar  is  to  be  composed  of  one  (i)  part  of  cement  and 
two  (2)  parts  of  clean,  sharp  sand,  entirely  free  from  loam.  It  is 
to  be  carefully  and  thoroughly  mixed  dry,  and  a  sufficient  quan- 
tity of  water  is  to  be  afterwards  added  to  make  it  of  proper  con- 
sistency. No  mortar  .of  improper  quality  will  be  allowed  to  be 
used  in  the  work. 


Chap.  II. — Specifications:   Sewers 

All  cement  furnished  by  the  Contractor  will  be  subject  to  in- 
spection and  test  before  it  is  used. 

Portland  cement  shall  conform  to  the  requirements  for  Port-    Portland  cement, 
land  cement  as  described  under  the  head  of  cement. 

Natural  cement,  as  per  standard  of  the  Department  of  Sewers,   Natural  cement. 
New  York  City,  shall  be  capable  of  resisting  a  tensile  strain  of 
seventy-five  (75)  Ibs.  after  thirty  (30)  minutes  exposure  in  air 
and  twenty-four  (24)  hours  immersion  in  water. 

When  necessary,  in  the  opinion  of  the  Engineer,  cement  alone, 
without  any  admixture  of  sand,  will  be  used. 

All  mason  work  done  between  the  first  iday  of  December  and  Portland  cement 
the  first  day  of  April  shall  be  laid  in  Portland  cement,  mixed  as 
follows:  One  (i)  part  of  cement  to  two  (2)  parts  of  clean,  sharp 
sand,  to  be  first  thoroughly  mixed  dry,  and  then  sufficient  water, 
to  which  has  been  added  salt  in  the  proportion  of  one  ( I )  pint  of 
salt  to  one  (i)  part  of  cement  and  two  (2)  parts  of  sand,  mixed 
to  proper  consistency. 

Where  concrete  is  required  it  shall  be  composed  of  one  ( i )  part  Concrete. 
of  cement,  and  two  (2)  parts  of  sand,  mixed  into  mortar  as 
specified  above,  except  that  in  mixing  mortar  for  concrete  less 
water  shall  be  used  than  in  mixing  mortar  for  brickwork,  and  five 
(5)  parts  of  gravel  or  clean,  broken  stone,  free  from  dust  or  dirt, 
and  broken  so  as  to  pass  in  every  way  through  a  one  (i )  inch  ring. 
It  shall  be  quickly  and  thoroughly  mixed  in  a  box  made  for  that 
purpose,  and  deposited  in  layers  of  not  less  than  four  (4)  nor 
more  than  nine  (9)  inches  in  thickness,  and  must  be  settled  into 
its  place  by  ramming  sufficiently  to  flush  the  mortar  to  the  surface. 

When  in  place,  all  wheeling,'  working  or  walking  on  or  over  it 
must  be  prevented  until  it  is  sufficiently  set. 

All  gravel  and  broken  stone  that  is  dusty  or  dirty  will  be  re- 
quired to  be  thoroughly  screened  and  washed  before  it  can  be 
used ;  and  such  piles  or  heaps  as  have  any  admixture  of  dirt,  or 
stones  above  the  size  specified,  will  be  wholly  rejected  when  de- 
livered upon  the  work. 

Where  required,  vitrified  salt-glazed  stoneware,  sewer  and  drain  Sewer  pipes, 
pipes  shall  be  furnished  and  laid  down,    of  the  sizes  and  in  the 
manner  shown  on  the  plan  of  the  work  herein  specified. 

All  pipes  of  whatever  kind  shall  be  made  of  the  best  material,  Quality, 
thoroughly  and  perfectly  burned,  without  warps,  cracks  or  im- 
perfections, and  shall  be  well  and  smoothly  salt  glazed  in  the  best 

79 


Thickness. 


Chap.  II. — Specifications:   Sewers 

manner  over  their  entire  inner  and  outer  surfaces ;  and  they  shall 
be  of  equal  quality  in  every  respect  to  the  samples  exhibited  at 
the  pipe  yards  of  the  Department  of  Sewers,  and  subject  to  all 
tests  ordered  by  the  Engineer,  at  any  time  previous  to  their  being 
used. 

The  pipes  shall  be  designated  by  their  interior  diameters.  Each 
pipe  shall  be  a  true  cylinder,  and  shall  have  in  every  part  an  in- 
ternal area  equal  to  the  full  area  due  to  its  diameter. 

The  inner  and  outer  surface  of  each  pipe  shall  be  concentric. 
All  straight  pipes  must  be  straight  in  the  direction  of  the  axis  of 
the  cylinder. 

All  pipes  shall  be  of  even  thickness  throughout: 

6-in.  pipes  to  be  not  less  than     y%  in.  thick. 
8-in         "         "  "  "         y4  " 

ic-in         "         "  "  "         %  " 

12-in.        "         "         '  "  i 

i5-in.        "         "  "  "       iy4  " 


Length. 


Collars. 


Curved  pipe. 


20-m.  iy3  " 

Each  straight  pipe,  having  no  branch  or  connection,  shall  in  no 
case  be  less  than  two  (2)  feet  and  six  (6)  inches  in  length. 

Each  pipe  having  an  opening  moulded  into  it  for  the  house 
connection,  or  a  branch  of  any  size  or  kind,  shall  not  be  less  than 
two  (2)  nor  more  than  three  (3)  feet  in  length. 

Each  pipe  of  whatsoever  kind  must  be  fitted  with  a  sleeve  or 
collar  of  the  same  character,  cylindricity,  and  thickness  and  not 
less  than  five  (5)  inches  in  width. 

Each  collar  must  have  an  internal  diameter  of  not  less  than 
one-half  (3^)  nor  more  than  one  and  one-half  (1^2)  inches 
greater  than  the  external  diameter  of  the  pipe  to  which  it  is  to  be 
fitted. 

When  required,  curved  pipe  shall  be  furnished  and  laid,  curved 
to  such  a  radius  with  the  axis  of  the  pipe  as  may  be  shown  on 
the  plan  of  the  work.  No  curved  pipe  shall  exceed  three  (3) 
feet  in  length. 

The  spurs  are  to  be  closed  with  approved  vitrified  stoneware 
covers. 

Bends,  siphons  and  special  pipes  shall,  if  required,  be  furnished 
and  laid  of  the  sizes  and  forms  shown  on  plan  of  the  work. 

In  case  the  Commissioner  of  Public  Works  shall  elect  to  use  hub 


80 


Chap.  II. — Specifications:   Seicers 

and  spigot  pipes  they  shall  be  furnished  in  all  cases  similar  and  Hub  and 
equal  in  size,  quality  and  kind  to  those  above  described.  The  hub 
shall  have  a  depth  of  at  least  three  (3)  inches  from  its  face  to  the 
shoulder  of  the  pipe  on  which  it  is  moulded,  and  shall  have  an 
interior  diameter  not  less  than  one  (i)  nor  more  than  two  (2) 
inches  greater  than  the  exterior  diameter  of  the  pipe  which  is  to 
be  fitted  into  it. 

All  pipes  are  to  be  excavated  for  and  laid  true  in  line  and  TO  be  iaid  true, 
gradient  between  manholes  according  to  the  lines  and  grades  fur- 
nished from  time  to  time,  and  bedded  in  concrete  according  to 
plan.  The  ends  of  the  pipes  shall  abut  against  each  other,  and  in 
such  manner  that  there  shall  be  no  shoulder  or  unevenness  of  any 
kind  along  the  bottom  half  of  the  sewer  on  the  insjde. 

Before  putting  in  concrete,  side  pieces  of  plank  are  to  be  placed  Concrete  bed. 
on  each  side  of  the  pipe,  giving  the  full  width  required  as  per  sec- 
tion. The  concrete  is  then  to  be  put  in  layers,  the  first  being  five 
(5)  inches  in  thickness,  to  the  full  width,  and  thoroughly  tamped. 
After  the  concrete  is  set,  and  before  the  laying  of  the  pipe  is 
commenced,  additional  planks  shall  be  used  to  bring  it  up  to  the 
height  required.  The  plank  shall  not  be  removed,  but  shall  be  left 
in.  Not  less  than  sixty  (60)  feet  of  concrete  bottom  shall  be 
laid  at  one  time,  and  is  to  be  tamped  to  mortar  surface. 

The  space  between  bands  to  be  filled  with  concrete  made  with 
small  stones  or  screened  gravel,  even  with  inner  surface  of  bands. 
The  pipe  is  then  to  be  bedded,  and  the  remainder  of  the  concrete, 
as  per  section,  put  in  place,  and  shall  be  exposed  twenty-four  (24) 
hours  for  inspection,  as  required  for  the  bottom  course. 

Each  joint,  as  the  pipes  are  laid,  is  to  be  fitted  with  a  collar  or  Joints,  how  made, 
ring,  which  shall  lap  equally  the  ends  of  such  abutting  pipe ;  the 
lower  half  of  the  said  collars  shall  in  all  cases  be  whole  and  un- 
broken, and  the  upper  half  shall  not  be  in  more  than  two  (2)  pieces. 
The  space  between  the  ring  and  the  pipes  is  to  be  as  uniform 
as  possible,  and  to  be  thoroughly  filled  with  the  best  hydraulic 
cement  mortar,  made  in  small  quantities,  of  equal  parts  of  cement 
and  clean,  sharp  sand,  thoroughly  mixed  dry,  and  water  enough 
afterwards  added  to  give  it  proper  consistency,  and  used  as  soon 
as  made.  The  joints  shall  be  carefully  wiped  and  pointed  inside 
and  out,  and  all  mortar  that  may  be  left  inside  to  be  thoroughly 
cleaned  out ;  and  the  pipe  left  clean  and  smooth  throughout.  When 
required  strips  of  pine  or  spruce  plank  shall  be  furnished,  six  (6) 

81 


Chap.  II. — Specifications:   Sewers 


To  be  fitted  dry. 


No  walking 
on  pipes. 


Pipes  to  be 
cleaned. 


Protected 
from  blasts. 


Inspectors. 


Sewers  under 
station  platforms. 


inches  wide,  one  and  one-half  (1^2)  inches  thick  and  two  (2)  feet 
long,  and  laid  transversely  with  the  trench,  or  on  either  side  of  the 
joint,  and  the  pipe  to  rest  thereon. 

When  the  pipes  are  in  place,  earth  shall  be  filled  in  as  provided 
in  these  specifications.  Every  third  pipe  shall  be  filled  around  so 
as  to  prevent  the  moving  of  the  joints. 

All  pipes,  previous  to  their  being  lowered  into  the  trench,  shall 
be  fitted  together  dry  on  the  surface  and  matched,  so  that  when 
jointed  in  the  trench  they  may  form  a  true  and  smooth  line  of 
tubes,  and  in  no  case  shall  they  be  lowered  into  the  trench  until 
the  same  is  done. 

All  branch  pipe,  connections  and  pipe  of  whatever  kind,  shall 
be  excavated  for,  fitted  and  laid  as  above  described. 

When  hub  and  spigot  pipe  are  used,  they  shall  be  laid,  fitted  and 
jointed  evenly  and  smoothly,  in  the  same  manner  as  described 
above. 

No  walking  on  or  working  over  the  pipes  after  they  are  laid 
(except  as  may  be  necessary  in  tamping  the  earth  and  refilling) 
will  be  allowed  until  there  is  at  least  thirty  (30)  inches  of  earth 
over  them. 

The  interior  of  the  pipe  shall  be  carefully  freed  from  all  dirt, 
cement  and  superfluous  material  of  every  description  as  the  work 
proceeds,  for  which  purpose  a  disk  mould  or  plate  attached  to  a 
rod  sufficiently  long  to  pass  two  (2)  joints  from  the  end  of  the 
pipe  last  laid,  shall  be  continuously  worked  through. 

The  mouth  of  the  pipe  shall  be  carefully  protected  from  all 
blasts,  and  the  excavations  shall  in  all  cases  be  fully  completed  at 
least  twenty  (20)  feet  in  advance  of  the  laying  of  the  pipe.  In  all 
cases  the  mouth  of  the  pipe  shall  be  provided  with  a  board  or  other 
stopper,  carefully  fitted  to  the  pipe,  to  prevent  all  earth  and  other 
substance  from  washing  in. 

When  the  trench  is  properly  prepared,  and  before  laying  the 
sewer,  the  Contractor  must  notify  the  Engineer,  who  will  there- 
upon direct  an  assistant  inspector  to  be  present  on  the  work  when 
sewers  are  to  be  laid ;  and  it  is  further  expressly  understood  that 
at  no  other  time  will  such  laying  be  proceeded  with. 

Under  station  platforms,  and  at  such  other  points  along  the 
route  of  the  railway  where  the  presence  of  pipes  and  other  sub- 
surface structures  would  prevent-  free  access  to  the  sewer  for  the 
purpose  of  repairs,  the  sewer  shall  be  made  of  iron  pipe  of  the 
quality  called  for  in  these  specifications  for  waterpipe,  and  made 


Chap.  II. — Specifications:   Sewers 

with  lead  joints  in  a  manner  similar  to  that  specified  for  the  laying 
of  water  pipes. 

Brick  manholes  shall  be  built  at  such  points  on  the  line  of  the   Manholes  on 
pipe  sewers,  of  the  form,  thickness  and  in  the  manner  shown  on  plpe  sewers- 
the  Contract  Drawings  of  such  work.     The  brick  work  shall  be 
carried  up  to  within  twelve  (12)  inches  of  the  arch  of  the  estab- 
lished grade  of  the  street  at  that  point,  and  true  to  templets  cor- 
rectly made  and  set  at  top  and  bottom,  whence  not  less  than  eight 
(8)  lines  are  to  be  drawn.    The  work  in  all  respects  shall  be  of 
the  quality  described  in  these  specifications,  with  the  joints  neatly 
struck  and  pointed  on  the  inside. 

The  foundations  of  these  manholes  will  be  of  concrete,  com- 
mencing not  less  than  twelve  (12)  inches  below  the  lines  of  the 
inner  bottom  of  the  sewer  at  that  point.  Sewer  pipes  are  to  be 
built  in  and  trimmed,  when  necessary,  so  as  to  be  flush  with  the 
inner  face  of  the  manhole,  and  an  arch  turned  over  the  same  on  a 
dry  sand  joint. 

Galvanized   wrought  iron   rods   of  good   quality,   of   the    size,  Ladder  steps, 
length  and  shape  required  for  steps,  are  to  be  built  in  where 
shown  on  the  said  Contract  Drawings. 

Hammer-wrought  bluestone  is  to  be  furnished  and  laid,  as 
shown  on  the  Contract  Drawings. 

A  cast-iron  manhole  head  and  perforated  cover,  free  from  im-  Manhole  covers. 
perfections,  and  thoroughly  cleaned,  and  in  dimensions,  quality 
of  iron  and  all  other  respects  similar  to  the  pattern  adopted  by 
the  Commissioner  of  Public  Works,  and  now  exhibited  at  his 
office,  are  to  be  fitted  to  each  of  the  above-described  manholes. 
Each  manhole  head  and  each  cover  is  to  have  such  certain  marks 
or  numbers  cast  on  it  as  the  Commissioner  of  Public  Works  shall 
designate,  and  also  have  its  weight  marked  distinctly  upon  it  with 
oil  paint. 

For  street  manholes  no  head  shall  be  used  that  shall  weigh  Weight  of 
less  than  four  hundred  and  seventy-five  (475)  pounds,  nor  mote  covers, 
than  five  hundred  (500)  pounds,  nor  cover  that  shall  weigh  less 
than  one  hundred  and  thirty-five   (135)   pounds,  nor  more  than 
one  hundred  and  fifty    (150)   pounds.     For  sidewalk  manholes, 
the  heads  shall  not  weigh  not  less  than  three  hundred  (300),  nor 
more  than  three  hundred  and  ten  (310),  pounds;  and  the  covers 
not  less  than  one  hundred  (100),  nor  more  than  one  hundred  and 
ten  (no),  pounds.     When  the  pavement  of  street  is  asphalt,  the 
manhole  head  shall  be  fitted  with  noiseless  covers. 

83 


Chap.  II. — Specifications:   Sezvers 


Manholes  on 
brick  sewers. 


Change  of  loca- 
tion of  receiving 
basins. 


Basins,  how 
made. 


Brick  manholes  shall  be  worked  in  the  arch  of  the  brick  sewers, 
at  such  points  in  the  line  of  the  sewer  as  the  Board  may  direct, 
of  the  size,  form,  thickness  and  in  the  manner  shown  on  the 
Contract  Drawings,  and  brought  up  to  within  twelve  (12)  inches 
of  the  arch  of  the  established  grade  of  the  street  at  that  point. 
The  work  in  all  respects  is  to  be  of  the  quality  above  described 
for  manholes  or  pipe  sewers.  The  manholes  are  to  be  fitted  with 
wrought-iron  rods  for  steps,  and  cast-iron  manhole  heads  and 
covers,  as  above  described. 

The  above  described  manholes,  whether  in  brick  or  pipe  sewers, 
are  in  all  cases  to  be  fully  and  completely  built,  and  fitted  with 
their  covers,  as  the  work  progresses,  and  as  each  is  reached ;  and 
the  sewers  will  not  be  allowed  to  be  laid  beyond  or  in  advance 
of  any  uncompleted  manhole. 

Whenever  it  becomes  necessary  to  reconstruct  or  to  change 
the  location  of  receiving  basins,  the  same  are  to  be  built  in  ac- 
cordance with  the  plans  to  be  furnished  by  the  Board.  Each 
portion  of  the  basin  shall  be  built  of  the  size  and  materials  desig- 
nated on  said  drawing  or  model ;  and  all  of  the  brickwork  is  to  be 
plastered  thoroughly  inside  and  outside  with  cement  mortar, 
mixed  in  the  proportion  of  one  (i)  part  of  cement  to  one  (i) 
part  of  clean,  sharp  sand,  and  carefully  made  as  described  in  these 
specifications.  Each  basin  is  to  have  a  gutter  stone  and  a  head 
stone,  sound  and  perfect  throughout,  free  from  all  seams  and 
imperfections,  with  bluestone  curb  and  gutter  stones  adjoining, 
all  cut  in  accordance  with  the  said  drawings  or  patterns,  and  the 
head-stone  is  to  be  fitted  with  a  cast-iron  cover  of  the  best  quality, 
weighing  not  less  than  eighty  (80)  nor  more  than  ninety-five 
(95)  pounds,  of  the  size  and  shape  shown  in  such  drawings  or 
patterns,  and  also  a  cast-iron  grate  bar,  made  according  to  draw- 
ing, fastened  solidly  into  the  said  head-stone,  in  the  manner 
shown.  The  said  gutter  stone  and  head-stone  must  be  finely 
hammer-dressed  and  similar  to  the  sample  at  the  pipe  yard  of 
the  Department  of  Sewers,  unless  otherwise  ordered  by  the  Board. 
A  design  for  an  iron  hood  or  trap  will  be  furnished  by  said  De- 
partment of  the  size  and  dimensions  shown  on  said  drawing  or 
model,  and  is  to  be  built  in  the  basin  in  the  manner  therein  shown. 
The  whole  is  to  be  built  and  laid  in  cement  mortar,  as  described  in 
these  specifications,  and  the  joints  carefully  struck  on  the  inside. 

The  stone  forming  the  bottom  of  the  basin  to  be  in  all  cases 


Chap.  II. — Specifications:  Sewers 

of  the  thickness  as  shown  on  the  section,  and  in  not  more  than 
than  two  (2)  pieces. 

All  culverts  for  the  connection  of  receiving  basins  with  the  Culverts, 
sewers  are  to  be  of  twelve  (12)  inch  vitrified  stoneware  drain 
pipe,  of  the  kind  and  quality  previously  described,  and  laid,  and 
the  trench  refilled  in  the  manner  described,  and  shall  be  con- 
nected with  the  sewers  at  an  angle  of  forty-five  (45)  degrees,  and 
in  a  thorough  and  workmanlike  manner;  and  when  connected 
with  the  sewers,  the  culvert  pipe  shall  not  project  inside  the  said 
sewers,  but  be  trimmed  flush  with  the  curve  and  lines  of  the 
inner  face  thereof.  In  case  the  line  of  the  sewers  shall  intersect 
any  culverts  now  built,  so  much  of  said  culverts  as  may,  in  the 
opinion  of  the  Engineer,  be  necessary,  shall  be  taken  up  and 
rebuilt  or  relaid  with  vitrified  stoneware  drain  pipe  or  brick,  as 
the  case  may  be,  in  the  manner  described  above,-  and  reconnected 
by  straight  line  and  gradient  to  said  sewers. 

The  Commissioner  of  Public  Works  shall  have  the  right  to  Right  to  connect 
connect  any  sewer  or  sewers  with  the  sewers  to  be  built  under  this  other  sewers, 
contract,  or  to  grant  permits  to  any  person  or  persons  to  make 
connections  therewith,  at  any  time  before  it  is  finally  completed; 
and  said  Contractor  shall  not  interfere  with  or  place  obstructions 
in  the  way  of  such  persons  as  may  be  employed  in  building  such 
new  sewer  or  sewers,  or  in  making  such  connections.     No  extra 
allowance  will  be  made  to  the  said  Contractor  on  account  thereof. 

All  the  curb,  gutter,  flagging,  paving  and  macadam  stones  nee-   Disposition  of 
essary  to  be  removed,  together  with  all  rock,  earth  or  sand  taken  F 
from  the  trenches,  shall  be  placed  in  such  parts  of  the  carriage 
way,  or  the  vicinity  thereof,  as  the  Engineer  in  charge  of  the 
work  shall  direct,  or  shall  be  removed  as  provided  in  these  specifi- 
cations; and  in  all  cases  a  passageway  on  the  sidewalks,  of  not 
less  than  three  (3)  feet  in  width,  shall  be  preserved  free  from 
all  obstruction,  and  the  Contractor  will  be  required  to  preserve 
from  needless   obstruction   the  carriageway  on   one   side  of  tht 
line  of  the  proposed  work. 

If  during  the  progress  of  the  work  it  is  deemed  advisable,  the  Concrete  sewers. 
Contractor  may,  in  place  of  building  sewers  in  brick  work  as 
described  above,  build  the  same  in  concrete,  the  concrete  to  be 
composed  of  Portland  cement  concrete  in  the  proportion  of  one 
(i)  portion  of  cement,  two  and  one-half  (2^)  portions  of  sand 
and  four  (4)  portions  of  stone,  all  according  to  the  standard  re- 

85 


Chap.  II. — Specifications:    Water  Mains 

quirements  for  concrete.  Forms  of  wood  with  the  outside  care- 
fully smoothed  shall  be  made  according  to  exact  dimensions.  No 
sewer  smaller  than  three  (3)  feet  in  height  by  two  (2)  feet  in 
width  in  the- clear  shall  be  made  in  concrete. 

Sewers  to  During  the  progress  of  the  work  and  until  the  entire  completion 

be  clean.  .          .  ° 

tnereoi,  all  sewers,  drams,  basins,  culverts  and  connections,  are 

to  be  kept  thoroughly  clean  throughout  and  left  clean,  and  the 
drainage  now  passing  through  the  old  sewers  to  be  taken  up,  shall 
be  provided  for. 

If  during  the  progress  of  the  work  it  is  found  in  the  opinion 
of  the  Engineer,  reasonably  impossible  to  construct  according  to 
the  Contract  Drawings  any  sewers,  manholes,  or  other  appurte- 
nances, owing  to  the  presence  of  unknown  subsurface  structures 
or  other  contingencies,  the  Contractor  shall  construct  such  sewers, 
manholes  or  appurtenances  in  the  location  given  by  and  according 
to  the  directions  of  the  Engineer. 

19.     WATER  MAINS. 

Whenever  it  is  necessary  to  relay  any  water  main,  all  new 
material  required  for  the  same  shall  be  of  the  quality  and  laid  in 
the  manner  specified  below,  and  subject  to  the  various  clauses  of 
these  specifications  applicable  thereto. 

Pipes  to  be  The  pipes  shall  be  circular  cylinders,  with  the  inner  and  outer 

cylinders.  surfaces  concentric,  and  of  the  full  interior  diameter  required. 

Hubs  and  The  hub  or  socket  and  the  spigot  end  shall  be  shaped  in  exact 

conformity  with  the  standards  of  the  Department  of  Water  Sup- 
ply, to  be  furnished  by  the  Board,  and  will  be  tested  by  circular 
gauges. 

The  seat  or  shoulder  of  the  socket  and  the  end  of  the  spigot 
must  be  straight  and  even,  so  as  to  make  a  smooth  joint.  Special 
care  will  be  required  in  making  the  sockets  and  spigots  to  con- 
form to  the  drawings,  and  all  pipes  will  be  particularly  tested  at 
these  points.  No  pipe  will  be  received  whose  eccentricity  at  the 
spigot  and  socket  ends,  or  either,  exceeds  one-eighth  (y&)  of  an 
inch. 

The  pipes  shall  be  designated  by  dimensions  of  the  interior 
diameter. 

Bands,  buttons,  or  ribs  shall,  if  required,  be  cast  on  pipes,  of 
such  forms  and  dimensions  as  the  Engineer  may  direct.  ' 

86 


Chap.  II. — Specifications:    Water  Mains 

The  straight  pipe  shall  be  twelve  (12)   feet  long,  exclusive  of  Length  of 
hub;  all  others  as  may  be  directed.  pipes. 

All  the  pipes  shall  be  straight  in  the  direction  of  the  a-xis  of  the 
cylinder. 

The  thickness  of  the  pipes,  branches  and  special  castings  shall  Thickness 
correspond  with  the  standards  of  the  Department  of  Water  Sup- 
ply.    The  weight  shall  be  approximately  as  follows : 
48-inch  pipes,  8,250  pounds  each. 
4O-inch  pipes,  5,800  pounds  each. 
36-inch  pipes,  4,860  pounds  each. 
3O-inch  pipes,  4,000  pounds  each. 
24-inch  pipes,  3,000  pounds  each. 
2o-inch  pipes,  2,250  pounds  each. 
1 6-inch  pipes,  1,650  pounds  each. 
12-inch  pipes,  1,000  pounds  each. 
6-inch  pipes,     430  pounds  each. 

The  thickness  of  the  metal  of  the  pipes  and  special  castings  will 
be  tested  by  calipers  after  the  castings  have  been  freed  from  sand 
and  cleaned. 

No  pipe  will  be  received  when  the  thickness  of  metal  is  less  Variations  in 

thickness 

by  more  than  than  one-twelfth  (1/12)  of  an  inch  than  the  thick- 
ness required  by  the  standards. 

No  pipe  or  casting  will  be  received  which  weighs  less  than  the 
weights  above  mentioned  by  more  than  two  and  a  half  (2^2)  per 
cent,  of  said  weights. 

All  straight  pipes  shall  be  cast  vertically,  with  the  hub  end 
down. 

All  the  castings  shall  be  made  in  such  moulding-sand  or  loam 
as  will  leave  the  surface  clean  and  smooth.  , 

All  the  castings  shall  have  the  year  in  which  they  are  cast,  the  Castings,  how 
running  number  of  the  castings  of  the  same  size  and  form,  the  marked, 
letters  D.  W.  S.,  and  the  initials  or  name  of  the  Contractor,  and 
of  the  foundry  where  cast,  cast  on  the  outer  side  in  raised  letters 
of  not  less  than  two  (2)  inches  in  length  and  one-eighth  (y&}  of 
an  inch  in  relief,  in  such  manner  as  the  Engineer  may  designate ; 
and,  in  case  any  pipe  shall  be  condemned,  the  letters  D.  W.  S. 
shall  be  erased  by  the  Contractor. 

The  metal  of  which  the  castings  are  to  be  cast  (which  must  be  Quality  of 
remelted  in  a  cupola  or  air-furnace)  shall  be  pig-iron,  made  with-   cast-iron- 
out  any  admixture  of  cinder-iron,  or  other  inferior  metal,  and 

87 


Castings  to 
be  clean. 


Pipes  to  be 
coated. 


Pitch. 


Chap.  II. — Specifications:    Water  Mains 

shall  be  of  such  character  as  to  make  a  pipe  strong,  tough  and  of 
an  even  grain,  entirely  free  from  uncombined  carbon  when  seen 
under  the  microscope,  and  such  as  will  bear,  satisfactorily,  drilling 
and  cutting,  and  shall  have  a  tensile  strength  of  at  least  sixteen 
thousand  ( 16,000)  pounds  to  the  square  inch. 

The  castings  shall  be  free  from  scoria,  sand  holes,  air  bubbles 
and  other  defects  and  imperfections. 

The  castings  shall  be  perfectly  cleaned  and  no  lumps  shall  be 
left  on  the  inner  surface  of  the  barrels  or  sockets,  or  on  the  outer 
surface  of  the  spigot  end. 

All  castings  being  perfectly  cleaned,  according  to  the  specifica- 
tions and  the  directions  of  the  Engineer,  shall  be  subjected  to  a 
careful  and  thorough  hammer  inspection. 

Every  casting  must  be  thoroughly  dressed  and  made  clean  and 
free  from  earth,  sand  and  dust,  which  adheres  to  the  iron  in  the 
molds.  Iron-wire  brushes  must  be  used,  as  well  as  softer  brushes, 
to  remove  the  loose  dust.  No  acid  or  other  liquid  shall  be  used 
in  cleaning  the  castings. 

Every  pipe,  branch  and  special  casting  shall  be  carefully  coated 
inside  and  out  with  coal  pitch  and  oil.  Every  casting,  must  like- 
wise be  entirely  free  from  rust  when  the  coating  is  applied.  If  the 
casting  cannot  be  dipped  immediately  after  being  cleaned,  the 
surface  must  be  oiled  with  linseed  oil,  to  preserve  it  until  it  is 
ready  to  be  dipped ;  no  casting  to  be  dipped  after  rust  has  set  in. 

The  coal-tar  pitch  is  to  be  made  from  coal-tar  distilled  until  the 
naphtha  is  entirely  removed  and  the  material  deodorized  with  a 
mixture  of  five  (5)  or  six  (6)  per  cent,  of  linseed  oil.  Pitch, 
which  becomes  hard  and  brittle  when  cold,  will  not  answer  for  this 
use. 

Pitch  of  the  proper  quality  having  been  obtained,  it  must  be 
carefully  heated  in  a  suitable  vessel  to  a  temperature  of  three  hun- 
dred (300)  degrees  Fahrenheit,  and  must  be  maintained  at  not 
less  than  this  temperature  during  the  time  of  dipping.  The  ma- 
terial will  thicken  and  deteriorate  after  a  number  of  pipes  have 
been  dipped ;  fresh  pitch  must,  therefore,  be  frequently  added,  and 
occasionally  the  vessel  must  be  entirely  emptied  of  its  old  contents 
and  refilled  with  fresh  pitch. 

Every  casting  must  attain  a  temperature  of  three  hundred  (300) 
degrees  Fahrenheit,  before  being  removed  from  the  vessel  of  hot 
pitch.  It  may  then  be  slowly  removed  and  laid  on  skids  to  drip. 

No  casting  shall  be  dipped  until  the  authorized  inspector  has  ex- 


88 


Chap.  II. — Specifications:    Water  Mains 

amined  it  as  to  cleaning  and  rust,  and  subjected  it  thoroughly  to 
the  hammer  test.  It  may  then.be  dipped,  after  which  it  will  be 
passed  to  the  hydraulic  press  to  meet  the  required  water  test.  The 
proper  coating  must  be  tough  and  tenacious  when  cold  on  the 
pipes,  and  not  brittle  or  with  any  tendency  to  scale  off. 

The  castings  must  be  capable  of  sustaining  a  pressure,  in  the  Tests, 
hydraulic  press  of  three  hundred  (300)  pounds  to  a  square  inch, 
and  any  casting  which  shows  any  defect,  by  leaking,  sweating  or 
otherwise,  will  be  rejected.    This  test  will  be  made  at  the  foundry, 
and  at  the  expense  of  the  Contractor. 

The  casting  will  be  weighed,  and  the  weight  distinctly  marked 
on  the  casting  in  white  paint.  The  Contractor  will  provide  at  the 
foundry  where  the  pipes  and  castings  are  to  be  manufactured 
proper  sealed  scales  and  weights  for  weighing  the  castings,  which 
will  be  done  at  the  expense  of  the  Contractor,  under  the  super- 
vision of  the  inspector. 

Each  pipe  over  six  (6)  inches  inside  diameter,  unless  otherwise 
ordered,  shall  be  placed  on  two  (2)  blocks  and  four  (4)  wedges 
of  hemlock  timber,  the  wedges  to  rest  on  the  blocks  and  the  pipe 
on  the  wedges. 

The  blocks  and  wedges  shall  be  of  sound  hemlock  timber. 
Forty-eight  (48),  forty  (40),  thirty-six  (36)  and  thirty  (30)  inch 
pipe  shall  be  laid  on  blocks  four  (4)  feet  long,  twelve  (12)  inches 
wide  and  six  (6)  inches  thick,  with  wedges  eighteen  (18)  inches 
long,  six  (6)  inches  wide,  four  (4)  inches  thick  on  one  end  and 
one-half  (^)  inch  thick  on  the  other.  Twenty-four  (24),  twenty 
(20)  and  twelve  (12)  inch  pipe  shall  be  laid  on  blocks  two  (2) 
feet  long,  eight  (8)  inches  wide  and  four  (4)  inches  thick,  with 
wedges  twelve  (12)  inches  long,  four  (4)  inches  wide,  three  (3) 
inches  thick  on  one  end  and  one-half  (J^)  inch  thick  on  the  other. 

The  spigot  end  of  the  pipe  shall  be  inserted  into  the  hub  to  j0ints> 
within  from  one-fourth  (^4)  to  one-eighth  (^$)  of  an  inch  of  the 
full  depth  of  the  hub,  and  the  space  around  the  pipe  shall  be  equal- 
ized so  as  to  give  as  nearly  as  possible  an  equal  space  for  the 
packing.  The  space  between  the  pipe  and  hub  shall  be  packed 
with  clean,  sound  hemp  packing  yarn,  free  from  tar,  far  enough  to 
leave  the  proper  space  for  lead.  The  remaining  space  shall  then  be 
filled  by  running  it  full  of  lead  to  a  depth  of  four  (4)  inches,  with 
a  bead  outside  of  the  face  of  the  hub  large  enough  to  allow  for 
caulking,  so  that  when  the  joint  is  properly  caulked  the  lead  will 
be  flush  with  the  hub  of  the  pipe.  After  the  joint  shall  have  been 

89 


Chap.  II. — Specifications:    Paving 


Lead. 


Notice  of 
interruption 
to  be  given. 


run  with  lead,  it  shall  be  caulked  by  means  of  proper  tools,  so  as 
to  make  a  water-tight  joint. 

The  lead  to  be  used  shall  be  of  the  best  quality  of  pure,  soft 
lead,  and  in  every  respect  suitable  for  the  purpose. 

In  case  it  becomes  necessary  to  cut  any  connection  with  any 
other  main,  house  or  hydrant,  or  in  any  way  to  interfere  with  the 
continuous  and  normal  flow  of  water,  due  notice  shall  be  sent  at 
least  forty-eight  (48)  hours  in  advance  to  the  Engineer  and  to  the 
Commissioner  of  Water  Supply,  and  the  Contractor  shall,  if  so 
ordered,  make  a  temporary  by-pass  or  other  arrangement  to  pre- 
serve the  flow  of  water  while  breaking  connections. 

All  connections  cut,  interfered  with  or  injured  shall  be  restored 
under  the  directions  of  the  Engineer  and  without  delay  to  a  suita- 
ble condition  as  good  as  existed  before  commencing  work. 

Stop  cocks,  boxes,  branches,  curved  pipe,  and  other  specials 
according  to  the  standards  of  the  Department  of  Water  Supply, 
shall  be  set  where  necessary. 


Pavement  to 
be  restored. 


Other  pavement 
may  be  laid. 


20.  PAVING 

As  soon  as  the  work  in  any  open  excavation  or  trench  made 
under  this  contract  shall  have  been  completed,  the  trench  back- 
filled and  the  backfilling  thoroughly  rammed  in  place  and  com 
pacted,  as  provided  under  the  clauses  relating  to  backfilling,  and 
after  the  earth  shall  have,  in  the  opinion  of  the  Engineer,  become 
sufficiently  settled,  the  Contractor  shall  proceed  to  restore  the  sur- 
face to  a  condition  similar  to,  and  equally  good  as  that  existing 
previous  to  the  commencement  of  construction. 

Nothing  contained  in  these  specifications  shall  be  understood  or 
construed  as  prohibiting  the  Contractor  from  making  any  arrange- 
ment  with  the  President  of  the  Borough,  or  any  other  officer  of 
The  City  of  New  York  as  may  be  in  charge  of  street  paving,  to  lay 
a  better  or  other  form  of  street  pavement ;  or  to  make  an  arrang- 
ment  with  any  property  owner  to  lay  another  style  of  sidewalk  in 
front  of  such  premises  in  place  of  the  pavement  or  sidewalk  taken 
up ;  in  which  case  the  Contractor  is  to  file  with  the  Board  a  copy 
of  its  contract  with  such  municipal  officer  or  with  such  property 
owner,  duly  acknowledged  in  writing  by  both  parties.  In  case  the 
municipal  officer  in  charge  of  street  paving,  or  any  property  owner, 
desires  to  lay  a  pavement  in  any  street,  or  a  sidewalk  along  any 


90 


Chap.  II. — Specifications:    Subsurface  Structures 

street,  affected  by  this  contract,  different  from  the  one  removed, 
and  shall  notify  the  Board  in  writing  that  he  has  failed  to  make 
satisfactory  arrangements  for  such  work  with  the  Contractor,  then 
the  Board  in  its  discretion  may  direct  the  Contractor  to  finish  and 
dress  off  the  filling  over  its  work  to  such  grade  as  the  Engineer 
may  select,  and  further  direct  it  to  remove  from  the  street  all 
stones  of  whatever  nature  not  required  to  be  relaid,  and  to  permit 
another  contractor  to  lay  such  pavement  or  sidewalk;  in  which 
case  the  liability  of  the  Contractor  under  this  contract  shall  cease 
as  far  as  that  part  of  its  work  is  concerned,  whenever  the  Engineer 
shall  report  to  the  Board  that  the  instructions  of  the  Board  have 
been  complied  with,  exactly  the  same  as  if  the  Contractor  had  fully 
completed  the  repaving  as  hereinbefore  provided.  The  Engineer 
shall  then  report  to  the  Board  the  number  of  square  yards  of  pave- 
ment thus  disturbed  but  not  relaid,  and  the  Board  will  deduct 
from  the  amount  named  in  this  contract  as  the  price  to  be  paid 
to  the  Contractor  such  sum  as  the  Engineer  shall  certify  as  the 
fair  value  of  the  expense  of  restoring  the  previous  pavement. 

21.  MAINTENANCE  OF  STREET  RAILROAD  TRACKS, 
MAINS  AND  OTHER  SURFACE  OR  SUBSURFACE 
STRUCTURES 

The  Contractor  shall  at  all  times,  by  suitable  bridging  or  other  Surface  and  sub- 
supports,  maintain  and  support  in  an  entirely  safe  condition  for  furface  structures 
.    .  to  be  maintained, 

their  usual  service  and  to  the  reasonable  satisfaction  of  the  owners, 

all  elevated  railroad  structures,  street  tramways  of  whatever  char- 
acter, water  and  gas  mains,  steam  pipes,  pneumatic  tubes,  electric 
subways,  sewers,  drains  and  all  other  surface  or  subsurface  struc- 
tures encountered  during  the  progress  of  the  work.  The  side- 
walks, curbs,  areas  and  stoops  along  the  line  of  the  work  must 
also  be  protected  from  any  injury;  but  should  any  injury  occur  to 
any  sidewalk,  curb,  area  or  stoop,  the  Contractor  shall  fully  restore 
the  same  to  as  good  a  condition  as  existed  before  the  injury  was 
done. 

Notice  is  to  be  given  by  the  Contractor  to  all  companies  and  the  Notice  to 
proper  city  officials,  owning  or  having  charge  of  surface  or  sub-        glven- 
surface  structures  along  any  part  of  the  work,  of  its  intention  to 
commence  operations  along  such  part  of  the  route,  at  least  one  (i) 
week  in  advance,  and  the  Contractor  shall  file  with  the  Engineer 

91 


Chap.  II. — Specifications:    Stations 


Owners  of 
structures   may 
do  work. 


Reasonable 
dispatch. 


Facilities  to 

be  given  to  make 

extensions. 


Permits. 


at  the  same  time  a  copy  of  said  notice ;  and  it  shall  co-operate  with 
the  proper  officers  or  officials  in  charge  of  such  structures  and  shall 
furnish  them  with  all  reasonable  facilities  to  inspect  the  methods 
of  caring  for  their  property. 

Whenever  it  becomes  necessary  to  cut,  move,  change,  or  recon- 
struct any  such  structures  as  named  above,  or  connections  there- 
with, such  work  shall  be  done  according  to  the  reasonable  satisfac- 
tion of  the  owners  of  such  pipes  or  other  structures,  and  should 
they  so  desire  by  the  owners  themselves,  at  the  expense  of  the 
Contractor;  such  expense  not  to  exceed  the  actual  cost  of  labor 
and  materials  used,  together  with  a  reasonable  allowance  for  the 
use  of  plant  and  tools  not  exceeding  seven  and  a  half  (7^)  per 
cent. 

All  work  of  reconstruction  or  alteration  if  performed  by  the 
City  or  owners  shall  be  done  with  reasonable  dispatch,  and  facili- 
ties are  to  be  provided  so  that  said  work  will  interfere  as  little  as 
possible  with  the  practical  working  and  use  of  such  structures. 
Failure  to  make  such  alterations  within  a  reasonable  time  as  shall 
be  adjudged  by  the  Board,  may  be  considered  by  the  Contractor  as 
a  waiver  on  the  part  of  said  City  or  owners  of  the  right  to  do  said 
work. 

In  the  event  of  the  companies  or  the  City  being  required  to  make 
any  alteration  to  their  structures  as  above  provided,  or  in  case  they 
shall  consider  it  necessary  or  desirable  to  make  any  further  altera- 
tions in,  or  do  any  work  to  or  in  connection  with  surface  or  sub- 
surface structures  owned  by  them  or  it,  at  the  time  the  work  under 
this  contract  is  in  progress,  the  Contractor  shall  give  said  com- 
panies or  the  City  all  reasonable  opportunity  to  perform  such 
work;  provided  such  work  or  alteration  for  the  benefit  solely  of 
the  owners  of  subsurface  structures  does  not  cause  the  Contractor 
any  serious  loss  or  delay,  as  shall  be  determined  by  tjje  Board. 

No  work  shall  be  begun  until  the  Board  shall  issue  to  the  Con- 
tractor a  permit  authorizing  it  to  proceed.  Such  permits  are  to  be 
in  such  form  and  to  cover  such  sections  of  the  work  as  the  Board 
shall  Drescribe. 


Rector    Street 
station. 


22.     STATIONS 

Contract  Drawings  Nos.  2  Ci,  2  C2,  2  C3  and  2  C4  indicate 
the  general  plan  and  outline  and  the  chief  decorative  features  of 
the  station  at  Rector  Street  and  Broadway.  As  soon  as  possible 


92 


Chap.  II. — Specifications:    Stations 

after  the  letting  of  the  contract,  the  Engineer  will  furnish  to  the 

Contractor  full  detail  plans  of  the  station  at  Rector  street,  and 

similar  detail  plans  of  the  other  stations  on  both  the  Manhattan 

and  Brooklyn  lines.     Said  plans  will  vary  in  detail  from  the  plans 

as  shown  on  Contract  Drawings  Nos.  2  Ci,  2  C2,  2  C3  and  2  C4  in 

accordance  with  the  local  requirements  of  the  other  stations.    In  a 

similar  manner  the  decorative  features  of  the  other  stations  will  Other  stations. 

be  altered  so  as  to  produce  a  variety  in  design.    Said  details  and 

decorative  features,  however,  will  be  in  general  harmony  with 

and  substantially  similar  as  far  as  possible  to  the  general  details 

of  the  station  at  Rector  street. 

The  roof  of  the  stations,  where  under  the  sidewalks,  shall,  to  Vault  lights, 
as  great  an  extent  as  possible,  consist  of  what  is  known  as  vault 
lights.  These  lights  shall  be  made  with  lenses  not  exceeding  three 
(3)  inches  in  diameter,  of  strong  glass  set  in  cement,  all  of  design 
approved  by  the  Engineer;  and  shall  be  of  sufficient  strength  to 
carry,  when  supported  in  a  manner  similar  to  that  in  which  they 
are  to  be  permanently  set,  an  equally  distributed  load  of  at  least 
five  hundred  (500)  pounds  per  square  foot  without  signs  of  fail- 
ure, deformation  or  permanent  set,  when  such  test  load  is  removed. 
The  right  is  reserved  to  test  at  least  one  (i)  frame  in  every  ten 
( 10)  delivered,  as  selected  by  the  Engineer.  Should  the  one  se- 
lected fail,  another  will  be  selected  by  the  Engineer;  and,  if  that 
fail,  then  the  whole  lot  may  be  rejected.  These  frames  must  be  set 
in  place  with  cement,  lead  or  other  means  to  be  absolutely  water- 
proof, as  tested  by  a  hose  with  one-half  (^2)  inch  nozzle  and 
hydrant  pressure. 

In  order  to  prevent  any  leaks  and  as  far  as  possible  condensa-   Hollow   space 
,-,,,/-  •  ,  in  walls, 

tion,  the  Contractor  must  exercise  great  care  in  the  construction 

of  station  walls  and  roofs.  The  walls  above  the  platform  level, 
when  acting  as  retaining  walls,  shall  be  built  of  brick  or  concrete 
with  a  waterproof  layer,  all  as  described  under  the  appropriate 
clauses  in  these  specifications.  The  walls  shall  be  constructed  so 
as  to  contain  a  hollow  space.  The  hollow  spaces  in  the  walls  shall 
be  connected  at  the  bottom  by  a  pipe  furnished  with  a  stop  cock 
and  leading  to  the  drain. 

The  floors  of  stations  shall  be  of  some  approved  form  of  cement   Floors, 
or  artificial  stone,  and  shall  be  so  arranged  as  to  drain  to  one  or 
more  points  as  directed,  where  suitable  and  proper  provision  shall 
be  made  for  the  removal  of  water  used  in  flushing  the  same.     In 

93 


Chap.  II. — Specifications:    Stations 


Ceilings. 


Stairways. 


Ticket 
booths. 

Sanitary  ar- 
rangements. 


the  designs  of  stations  all  corners  formed  by  intersecting  walls, 
shall  be  avoided  by  joining  these  walls  by  curves  of  large  radius. 
In  order  that  such  curved  surface  shall  present  a  smooth  and 
workmanlike  finish  the  Contractor  shall  supply  special  bricks  or 
tiles  properly  curved  to  the  radius  used ;  and  where  the  sidewalls 
join  the  floor  the  corners  shall  be  rounded  by  specially  made  bricks 
or  tiles  curved  to  a  radius  of  at  least  two  (2)  inches.  All  details 
of  the  stations  must  be  so  arranged  as  to  facilitate  cleaning,  and  to 
permit  if  desired  a  thorough  washing  of  all  parts  of  the  stations 
and  their  approaches  by  means  of  a  hose. 

The  ceilings  of  stations  where  not  made  by  vault  lights  shall 
be  made  as  follows :  The  roof  shall  be  formed  in  the  ordinary 
manner  as  the  roof  of  the  railway,  all  carefully  waterproofed.  The 
interior  surface  shall  be  made  of  wood,  plaster  on  expanded  metal 
laths,  or  some  non-conducting  material.  This  material,  of  what- 
ever nature,  shall  be  of  the  best  quality  ordinarily  used  for  such 
purpose,  and  shall  be  attached  to  the  flanges  of  the  roof  beams  so 
as  to  leave  an  air  space  beneath  the  same.  The  ceiling  on  the  ex- 
posed surface  shall  be  suitably  decorated.  The  stairways  shall  be 
of  iron  or  of  sound  and  suitable  stone,  and  furnished  with  the 
most  approved  form  of  treads  to  prevent  slipping.  Wherever  pos- 
sible there  shall  be  two  (2)  stairways  for  each  side  of  each  sta- 
tion, and  all  stairways  shall  be  of  as  great  a  width  as  the  local  con- 
ditions will  satisfactorily  permit.  Where  the  presence  of  areaways 
or  other  openings  permit  there  shall  be  louvre  ventilators  of  glass 
'  of  approved  design  placed  immediately  beneath  the  ceiling  of  sta- 
tions. These  louvres  shall  be  in  height  not  exceeding  three  (3) 
feet,  shall  extend  in  length  as  great  a  distance  as  the  local  circum- 
stances shall  permit,  unless  otherwise  ordered  by  the  Board,  and 
shall  be  so  arranged  as  to  exclude  storm  water. 

The  ticket  booths,  railings,  doors  and  other  details  are  to  be  of 
wood,  brass  and  glass,  designed  and  constructed  with  skill. 

Each  side  of  every  station,  unless  otherwise  ordered  by  the 
Board,  shall  be  equipped  with  two  (2)  water-closets  plainly 
marked  for  the  use  of  women  and  men  respectively.  They  shall 
be  finished  with  bowls  of  sanitary  design  and  approved  make,  and 
supplied  with  a  good  flushing  device.  In  addition  to  the  bowl  the 
closet  for  the  men  shall  be  furnished  with  a  urinal  safed  with  slate 
or  marble,  and  with  special  flush  for  the  same,  all  of  approved 
design.  The  doors  leading  to  these  closets  shall  be  equipped  with 


94 


Chap.  II. — Specifications:   Terminals 

good  self-closing  springs.  Each  closet  shall  have  a  ventilating 
pipe  leading  direct  to  the  outer  air,  and  covered  by  a  suitable  cast- 
iron  grating  to  set  in  the  sidewalk  or  other  place,  and  furnished 
with  a  small  automatic  exhaust  fan.  The  bowls  and  urinals  shall 
be  connected  by  means  of  cast-iron  drain  pipes  to  the  main  sewer. 
These  drains  shall  be  furnished  with  sufficient  traps  of  approved 
design,  set  close  to  the  fixtures,  which  traps  shall  be  back-aired  in 
an  efficient  and  workmanlike  manner,  such  back-air  pipes  ter- 
minating in  the  sidewalk  or  other  approved  situation,  and  covered 
by  suitable  galvanized-iron  gratings. 

Both  sides  of  every  station  shall  have  connection  with  the  water   Water  con- 
main  so  as  to  permit  the  attaching  of  hose  or  hoses  for  the  flushing 
and  washing  of  all  parts  of  the  station  and  platform,  waiting 
rooms  and  stairways. 

In  certain  stations  it  will  be  necessary  to  pass  sewers  or  pipes, 
or  both,  beneath  the  station  platforms,  and  in  order  to  reach  the 
same  for  the  purpose  of  inspection  and  repair,  cast-iron  frames 
capable  of  being  lifted,  shall  be  inserted  in  the  floor,  and  the  con- 
crete of  the  floor  so  laid  as  to  be  exactly  flush  with  the  same. 

Wherever  station  platforms  are  located  at  a  depth  exceeding  Elevators   or 
thirty  (30)  feet  from  the  surface  of  the  street,  the  Contractor  shall,  m°ving  stairways, 
if  required  by  the  Board,  establish  an  approved  plant  of  elevators 
not  exceeding  four  (4)  in  number,  each  elevator  being  of  suffi- 
cient size  to  carry  at  least  twenty-five  (25)  persons,  or  shall  estab- 
lish a  moving  stairway  or  stairways. 

The  Contractor  shall  submit  to  the  Board  a  system  of  lighting-  System  of 
the  stations  to  be  approved  by  it  before  being  put  into  operation. 
The  lights  must  be  of  sufficient  number  and  so  situated  as  to  light 
the  stations,  platforms  and  bridges  in  a  thorough  manner. 


23.     TERMINALS 

Terminal  grounds  shall  be  located  by  the  Contractor  subject  Yards- 
to  the  approval  of  the  Board,  and  shall  be  sufficient  in  area  to 
permit  the  construction  of  machine  repair  shops,  transfertables 
and  turntables  and  other  terminal  appurtenances,  and  storage 
tracks  having  a  mileage  of  not  less  than  one  ( I )  mile  and  capable 
of  storing  such  equipment  as  will  be  furnished  under  this  contract, 
and  such  reasonable  additions  thereto  as  are  likely  to  be  made 

95 


Chap.  II. — Specifications:    Equipment 

within  ten  (10)  years  next  ensuing  from  the  completion  of  the 
work. 

Grading.  The  surface  of  such  ground  shall  be  improved  by  excavating, 

filling,  or  other  grading  as  ordered  by  the  Board,  in  order  to  put 
the  same  in  proper  condition  for  use. 

Buildings.  Buildings,   transfertables  and   turntables   and   similar  terminal 

appurtenances  of  a  permanent  character  shall  be  constructed  ac- 
cording to  the  plans  and  specifications  furnished  by  the  Board,  or 
according  to  the  plans  and  specifications  to  be  furnished  by  the 
Contractor  and  approved  by  the  Board. 

All  buildings  shall  be  constructed  of  steel,  brick  or  other  fire- 
proof materials,  and  shall  present  an  attractive  appearance. 

Machinery.  All  machinery  and  other  equipment  in  connection  with  such 

buildings  or  other  terminal  appurtenances  are  to  be  furnished  and 
owned  by  the  Contractor  along  with  the  equipment  as  contem- 
plated by  the  Statute  and  called  for  by  this  Contract. 

Sidetracks.  Sidetracks  of  substantial  character  shall  be  constructed  on  the 

terminal  grounds.  These  sidetracks  shall  have  a  combined  length 
sufficient  to  hold  all  the  rolling  stock  furnished  by  the  Contractor, 
and  shall  be  so  laid  out  and  placed  as  to  permit  their  convenient 
operation,  and  the  inspection  and  cleaning  of  the  cars  while  stored 
thereon. 


Definition  of 
equipment. 


Number  of 
cars. 


Motive  power. 


24.     EQUIPMENT 

Full  and  sufficient  equipment,  including  all  rolling  stock, 
motors,  boilers,  engines,  wires,  subways,  conduits  and  mechanism, 
machinery,  tools,  implements  and  devices  of  every  nature  what- 
soever, used  for  the  generation  or  transmission  of  motive  power, 
and  including  all  power  houses,  and  real  estate  necessary  therefor, 
and  all  apparatus  for  signalling  and  ventilation,  are  to  be  provided 
by  the  Contractor  at  its  expense,  as  provided  in  the  Statute. 

The  amount  of  such  equipment  shall  be  at  least  sufficient  to  sup- 
ply at  one  time  trains  of  four  (4)  cars  at  one  (i)  minute  inter- 
vals. 

The  motive  power  of  such  equipment  shall  be  of  such  a  charac- 
ter as  not  to  require  combustion  within  the  subway.  The  motors 
shall  have  sufficient  power  to  haul  on  level  gradients,  in  addition 
to  their  own  weight,  a  train  of  five  (5)  cars,  at  an  average  speed 
of  thirty-five  (35)  miles  an  hour,  with  stations  one  and  a  half 


96 


Chap.   II. — Specifications:    General   Clauses 

(1^2)  miles  apart,  allowing  ten  (10)  seconds  for  the  duration  of 
each  stop. 

The  cars  shall  be  so  constructed  as  to  facilitate  to  the  utmost  a  Design  of  cars, 
quick  discharge  and  loading  of  passengers.  Both  motors  and  cars 
shall  be  designed  to  have  a  handsome  and  attractive  appearance, 
both  within  and  without,  and  be  constructed  of  the  best  material 
and  workmanship;  and  special  care  must  be  taken  to  avoid  all 
loose  or  rattling  parts  that  might  produce  noise.  Extra  provision 
must  be  made  for  the  thorough  ventilation  of  all  cars. 

The  signalling  devices  shall  be  of  the  most  approved  and  relia-  Signals, 
ble  character,  preference  being  given  to  a  system  which  will  auto- 
matically bring  a  train  to  a  stop  in  the  event  of  the  man  in  charge 
failing  to  obey  a  danger  signal. 

The  Contractor  shall  so  construct  the  tunnel,  cars  and  equip-  Ventilation 
ment  and  provide  them  with  such  devices  for  ventilation  that  they 
will  be  supplied  at  all  times  with  pure,  wholesome  air.  The  Con- 
tractor may  construct  such  blowholes  and  ventilating  shafts  and 
«uch  other  constructions  as,  in  the  opinion  of  the  Contractor,  may 
be  needed  to  give  an  efficient  system  of  ventilation,  and  as  may  be 
approved  by  the  Board. 

The  general  plans  of  the  equipment,  including  designs  for  cars,   Plans  to  be 
devices  for  signals  and  ventilation,  must  be  submitted  to  the  Board  aPProved- 
and  approved  by  it,  both  as  to  design  and  quantity,  and  further- 
more, the  construction  of  the  equipment  must  be  similarly  ap- 
proved as  to  material  and  workmanship. 


25.     GENERAL   CLAUSES 

All  materials  and  workmanship  must  _  be  of  the  best  class  in   Best  quality 
every  respect  as  ordinarily  used  for  such  work  where  applied,  and  of  work- 
the  Engineer  is  to  be  the  sole  judge  of  their  quality  and  efficiency.' 

Wherever  necessary  the  Contractor  shall  erect  and  maintain  at  Fences, 
its  own  expense  fences  for  the  protection  of  adjoining  property 
and  of  the  adjoining  public  places. 

At  its  own  expense  and  as  directed  from  time  to  time  by  the  Work  to  be 
Engineer,  the  Contractor  is  to  clear  the  work,  streets  and  all  pub-  cleared, 
lie  places  occupied  by  it  from  all  refuse  and  rubbish,  and  leave 
them  in  a  neat  condition. 

Wherever  the  Contractor  is  absent  from  any  part  of  the  work  Notice,  how 
where  it  may  be  necessary  to  give  instructions,  orders  will  be  glven- 

97 


Chap.  II. — Specifications:    General  Clauses 


Lines  and 
Grades. 


Imperfect 
work. 


Notice  regarding 
commencement   of 
work. 


Conveniences  for 
men. 


Advertisements 
forbidden. 


given  by  the  Engineer  to,  and  shall  be  received  and  obeyed  by,  the 
superintendent  or  overseer  of  the  Contractor,  who  may  have  charge 
of  the  particular  work  in  relation  to  which  the  orders  are  given, 
and  a  written  copy  of  such  orders  will  be  forwarded  to  the  Con- 
tractor by  the  Engineer  without  delay. 

The  principal  lines  and  grades  are  to  be  given  by  the  Engineer, 
who  may  change  them  from  time  to  time  as  may  be  authorized 
and  directed  by. the  Board.  The  stakes  and  marks  given  by  the 
Engineer  must  be  carefully  preserved  by  the  Contractor,  which 
must  give  to  the  Engineer  all  necessary  assistance  and  facilities 
for  establishing  benches  and  plugs  for  making  measurements. 

Any  inefficient  or  imperfect  work  which  may  be  discovered 
before  the  final  acceptance  of  the  work,  shall  be  corrected  imme- 
diately on  the  requirement  of  the  Engineer,  notwithstanding  that 
it  may  have  been  overlooked  by  the  proper  inspector. 

In  all  work  of  whatever  kind  which,  during  its  progress  and 
before  its  final  acceptance,  shall  become  damaged  from  any  cause, 
so  much  of  it  as  may  be  objectionable,  shall  be  broken  up  or  re- 
moved, and  be  replaced  by  good  and  sound  work. 

Before  commencing-  work  on  any  part  of  the  route,  whether  on 
the  railway  or  on  the  sewers  lying  off  the  line  of  the  railway,  the 
Contractor  shall  give  notice  in  writing  to  the  Engineer  at  least 
one  ( i )  week  in  advance  of  its  intention  to  commence  such  opera- 
tions ;  and  before  commencing  manufacture,  or  resuming  manufac- 
ture if  the  same  has  been  suspended,  of  any  article  called  for  by 
these  specifications,  notice  shall  be  given  to  the  Engineer  in  writ- 
ing at  least  one  ( I )  week  in  advance,  with  the  name  and  address 
of  the  maker  and  the  amount  and  description  of  the  material  to  be 
manufactured,  in  order  that  proper  inspection  may  be 
arranged  for. 

If  so  requested  by  the  Engineer  in  writing,  countersigned  by 
the  President  of  the  Board,  a  further  reasonable  delay  in  com- 
mencing work  or  manufacture  must  be  granted,  such  delay  to 
extend  the  time  of  completing  this  contract  as  named  herein. 

Necessary  conveniences,  properly  secluded  from  public  observa- 
tion, shall  be  constructed  wherever  needed  for  the  use  of  laborers 
on  the  works,  to  the  satisfaction  of  the  Engineer  and  the  sanitary 
authorities. 

The  using  of  fences  and  buildings  during  construction  for 
advertising  purposes,  other  than  the  name  and  address  of  the  Con- 
tractor, is  forbidden. 


98 


Chap.  II. — Specification:     General  Clauses 

In  all  operations  connected  with  the  work,  all  ordinances  of  Ordinances  and 
the  City  authorities,  and  of  the  Board  of  Health,  which  shall  he 
valid  and  operative  with  respect  to  work  on  the  Rapid  Transit 
Railroad,  and  the  valid  regulations  of  the  officers  of  the  United 
States  in  charge  of  the  navigable  waters  in  and  about  the  Harbor 
of  New  York,  and  all  laws  of  this  State  which  are  now  applicable 
to  and  control  or  limit  in  any  way  the  actions  of  those  engaged 
in  the  work  of  affecting  the  materials  belonging  to  them,  must  be 
respected  and  strictly  complied  with. 

If  the  work  or  any  part  thereof,   or  any  material   found  or  Condemned  ma- 
brought  on  the  ground  for  use  in  the  work  or  selected  for  the  *gmo    ^°  be 
same,  shall  be  condemned  by  the  Engineer  as  unsuitable  or  not  in 
conformity  with  the  specifications,  the  Contractor  shall  forthwith 
remove  such  materials  from  the  work  and  rebuild  or  remedy  such 
work  as  may  be  directed  by  the  Engineer. 

The  Contractor  shall  employ  only  competent,  skillful  and  faith-  Competent  men. 
ful  men  to  do  the  work.     Whenever  the  Engineer  shall  notify  the 
Contractor  in  writing  that  any  man  on  the  work  is  in  his  opinion 
incompetent,   unfaithful    or   disorderly,    such   man    shall   be    dis- 
charged from  the  work  and  shall  not  again  be  employed  on  it. 


99 


CHAPTER  III.— THE  LEASE. 


Description 
of  railroad. 


Term  of 
lease. 


Contractor  to 
surrender   pos- 
session at  end 
of  lease. 

Rental. 


The  City  hereby  lets  the  Railroad  to  the  Contractor  for  the 
term  hereinafter  mentioned.  The  Railroad  hereby  leased  includes 
the  railway  constructed  under  the  Routes  and  General  Plan  thereof 
prescribed  by  the  resolutions  of  the  Board  adopted  on  the  24th 
day  of  January,  1901,  together  with  terminals,  stations  and  all 
other  appurtenances  whatsoever  of  the  said  Railroad,  but  not  in- 
cluding the  Equipment  thereof.  The  Railroad  shall  from  time 
to  time  include  any  extension  or  addition  required  by  the  Board 
and  constructed  by  the  Contractor  as  provided  in  Chapter  I. 

The  Contractor  hereby  agrees  to  equip,  maintain  and  operate 
the  Railroad  during  the  whole  of  the  said  term.  The  said  term 
shall  be  thirty-five  (35)  years,  and  shall  run  from  the  date  on 
which  the  Railroad  shall  be  declared  by  the  Board  to  be  ready 
for  operation. 

The  Contractor  shall  surrender  possession  of  the  Railroad  at 
the  end  of  the  said  term  of  thirty-five  years  or  at  the  earlier 
termination  of  this  Lease,  as  herein  provided. 

The  Contractor  shall  pay  to  the  City  rental  for  the  Railroad, 
which  rental  shall  consist  of  the  following: 

( i )  An  annual  sum  equal  to  the  annual  interest  payable  by  the 
City  upon  all  bonds  which  shall  be  issued  by  it  in  order  to  provide 
means  for  Construction.  The  amount  of  such  interest  shall  be 
ascertained  as  of  the  time  when  the  Railroad  shall  be  declared 
by  the  Board  to  be  ready  for  operation,  or,  if  the  Board  shall  so 
direct,  the  time  when  passenger  traffic  on  the  Railroad  shall  begin ; 
but  it  shall  be  increased  from  time  to  time  by  the  amount  of  the 
annual  interest  payable  by  the  City  for  all  bonds  which,  after  the 
date  when  the  Railroad  shall  be  so  declared  to  be  ready  for  opera- 
tion or  when  such  traffic  shall  so  begin,  shall  be  issued  in  order 
to  provide  means  for  Construction.  The  amount  or  amounts  pay- 
able under  this  subdivision  shall  not  be  subject  to  decrease  by 
reason  of  the  refunding  by  the  City  at  lower  rates  of  interest  of 
any  of  the  bonds  issued  as  aforesaid.  Bonds  issued  in  order  to 
provide  means  for  Construction  shall  be  deemed  to  include  bonds 
issued  to  pay  interest  on  bonds  theretofore  issued  pursuant  to  this 


IOO 


Chapter  III. — The  Lease 

Contract  under  the  provisions  of  section  34  of  the  Rapid  Transit 
Act,  for  all  lands  acquired  in  fee,  but  not  bonds  issued  to  pay  for 
other  rights,  terms,  easements  or  privileges. 

(2)  A  further  annual   sum  which  shall  be  equal  to  one  per 
centum  upon  the  whole  amount  of  the  said  bonds  (with  the  ex- 
ceptions above  mentioned)  except  that  the  annual  payment  in  ex- 
cess of  such  interest  shall,  for  each  year  during  the  period  of  five 
( 5 )  years  from  the  date  at  which  the  payment  of  rental  shall  be- 
gin, be  such  sum  not  exceeding  one  (i)  per  centum  as  shall  be 
equal  to  the  excess  of  the  profits  of  the  Contractor  for  such  year 
in  the  operation  of  the  Railroad  over   (5)   per  centum  upon  the 
capital  of  the  Contractor  invested  in  the  enterprise,  and  except 
further  that  for  each  year  during  a  second  and  immediately  suc- 
ceeding period  of  five  (5)  years,  there  shall,  in  lieu  of  such  one 
per  centum,  be  paid  one-half  (/4)  of  such  one   (i)  per  centum 
and  in  addition  an  amount  not  exceeding  one-half   (l/2}  of  such 
one   (i)    per  centum  which  shall  be  equal  to  the  excess  of  the 
profits  of  the  Contractor  for  such  year  in  the  operation  of  the 
Railroad  over  five  (5)  per  centum  per  annum  upon  its  capital  in- 
vested as  aforesaid. 

(3)  A  further  annual  sum  which  shall  be  equal  to  the  amount 
of  the  annual  interest  payable  by  the  City  upon  bonds  issued  to 
provide  means  to  pay   for  rights   of  way  acquired  on,   under, 
through  or  over  lands  not  belonging  to  the  City. 

The  Rental  shall  begin  on  the  date  of  the  declaration  of  the 
Board  that  the  Railroad  is  ready  for  operation,  or,  if  the  Board 
shall  so  direct,  the  date  when  passenger  traffic  on  the  Railroad 
shall  begin,  and  shall  be  payable  at  the  end  of  each  quarter  on 
the  first  days  of  January,  April,  July  and  October. 

During  the  first  ten  (10)  years  of  the  said  term  of  thirty-five 
(35)  years,  the  Contractor  shall  deliver  to  the  Comptroller  at  the 
time  each  payment  of  Rental  is  due  a  statement  in  form  and  with 
details  to  be  prescribed  by  the  Board,  the  same  to  be  verified 
under  oath  by  the  Contractor  or  by  the  treasurer  of  the  Con- 
tractor, or,  in  case  of  his  absence  or  inability,  then  by  its  presi- 
dent, or  other  chief  officer  or  manager,  showing  for  the  preceding 
quarter, 

(i)   The  amount  of  Capital  of  the  Contractor  invested  in   When   Contractor 
the   enterprise  not   including  borrowed  money  however   se-  to  state  net  pro- 
cured, operation. 

IOI 


Chapter  III. — The  Lease 


Contractor's   as- 
surance of  charac- 
ter of  railroad. 


Contractor  to 
observe  highest 
standard  of  rail- 
way operation. 


(2)  The  gross  receipts  from  the  operation  of  the  Road. 

(3)  The  operating  expenses  of  the  road  including  actual 
expenditure  for  repairs  and  maintenance  and  interest  on  bor- 
rowed money,  but  without  allowance  otherwise  for  wear  or 
tear  or  deterioration. 

The  profits  shall  be  determined  by  deducting  from  the  gross 
receipts  the  operating  expenses  as  above  defined. 

After  the  expiration  of  the  said  period  of  ten  (10)  years  the 
Contractor  shall  deliver  to  the  Comptroller  at  the  quarterly  times 
above  mentioned  a  statement  verified  as  above  provided  showing 
its  gross  receipts  for  the  preceding  quarter  from  the  operation  of 
the  Road.  The  Comptroller  or  the  Board  shall  have  the  right 
to  verify  any  of  the  said  statements  by  an  examination  of  the  Con- 
tractor's books  and  the  examination  under  oath  of  any  of  its  of- 
ficers or  servants ;  and  the  Contractor  hereby  covenants  that  its 
officers  and  servants  shall  submit  to  such  examination  and  pro- 
duce such  books  whenever  and  wherever  they  may  be  reasonably 
required  by  the  Board  or  Comptroller. 

The  Contractor,  by  Chapter  II  of  this  contract,  has  agreed  to 
construct  the  Railroad  so  that  the  same  shall  be  an  intra-urban 
railway  of  the  very  best  character  according  to  the  highest  mod- 
ern standard,  in  respect  of  safety,  speed  and  convenience  and  in 
all  other  respects.  The  Contractor  covenants  to  and  with  the 
City  that  at  the  time  or  times  the  Lease  shall  begin  the  said  Rail- 
road so  far  as  declared  by  the  Board  ready  for  operation  shall  be 
a  complete  railway  of  the  character  aforesaid  ready  for  immediate 
and  continuous  operation,  and  that  the  same  shall,  at  the  time  of 
the  commencement  of  the  said  term  or  terms  be  a  railway  in  all 
respects  conforming  to  all  and  every  of  the  requirements  of  the 
Lease.  The  Contractor  admits  that  at  the  commencement  of  its 
Operation  of  the  Railroad  under  the  Lease  it  will  have  a  complete 
knowledge  thereof  and  a  knowledge  ampler  than  that  of  the  City 
or  any  official  thereof.  The  Contractor  shall  at  no  time  and  in 
no  event  be  at  liberty  to  object  to  the  plans  or  specifications  upon 
which  the  Railroad  has  been  constructed,  or  the  manner  of  its 
construction,  maintenance  or  operation. 

The  Contractor  covenants  to  and  with  the  City  that  the  Con- 
tractor will,  during  the  term  of  the  Lease,  operate  the  Railroad 
carefully  and  skillfully  according  to  the  highest  known  standards 
of  railway  operation  at  the  time. 


1 02 


Chapter  III. — The  Lease 

It  further  covenants  to  do  all  the  things  which  in  this  Contract 
is  provided  that  it  shall  do. 

The  trains  shall  be  run  at  a  speed  on  the  average,  stops  at  sta-  Trains,  their 
tions  included,  of  not  less  than  twelve  (12)  miles  per  hour.  The  *P?ed'  fre1uency, 
Contractor  shall,  so  far  as  is  practicable,  meet  all  reasonable  re- 
quirements of  the  public  in  respect  of  frequency  and  character  of 
its  railway  service  to  the  full  limit  of  the  capacity  of  the  Railroad. 
Between  the  hours  of  half-past  eleven  and  one  o'clock  at  night 
and  between  five  and  six  o'clock  in  the  morning  trains  shall  be 
run  by  the  Contractor  stopping  at  all  stations  at  intervals  of  not 
more  than  ten  (10)  minutes.  Between  the  hours  of  one  o'clock 
and  five  o'clock  in  the  morning  trains  shall  be  run,  stopping  at  all 
stations  at  intervals  of  not  more  than  fifteen  (15)  minutes. 

The  Contractor  shall  operate  the  Railroad  with  the  highest  re-  Safety, 
gard  to  the  safety  of  the  passengers  and  employees  thereof  and 
of  all  other  persons.  Mechanical  and  other  devices  for  safety 
shall  be  of  the  very  best  known  character.  The  Contractor 
hereby  covenants  to  and  with  the  City  that  it  will  save  the  City 
harmless  of  and  from  all  claims  of  every  nature  arising  from  in- 
juries to  passengers,  employees  or  other  persons  by  reason  of  neg- 
ligence on  the  part  of  the  Contractor  or  of  any  of  its  employees, 
and  all  other  claims  by  reason  of  Operation  of  the  Railroad,  except 
those  against  which  the  City  by  this  contract  assures  the  Con- 
tractor. 

The  Contractor  shall  during  the  term  of  the  Lease  keep  the  Repairs  and 
Railroad  and  its  Equipment  and  each  and  every  part  thereof  in  rePlacements- 
thorough  repair,  and  shall  restore  and  replace  every  part  thereof 
which  may  wear  out  or  cease  to  be  useful,  so  that  at  all  times 
and  at  the  termination  of  the  Lease  the  Railroad  shall  be  in  thor- 
oughly good  and  solid  condition  and  fully  and  perfectly  equipped 
presently  ready  for  continuous  and  practical  operation  to  the  full 
limit  of  its  capacity.  If  at  any  time  the  Board  or  its  Engineer 
shall  notify  the  Contractor  of  any  loss,  wear,  decay  or  defect  in 
the  Railroad  or  the  Equipment,  such  loss,  wear,  decay  or  defect 
shall  forthwith  be  completely  remedied  by  the  Contractor  at  its 
own  expense,  so  far  as  the  same  interferes  or  is  inconsistent  with 
the  thoroughly  good  or  solid  condition  of  the  Railroad  or  its 
Equipment  as  aforesaid,  or  with  the  continuous  or  practical  opera- 

103 


Chapter  III. — The  Lease 


Contractor   to 
keep  railroad  in 
good  condition. 


To  light  and  heat 
stations,  cars,  etc. 


Waiting  rooms. 


Ventilation. 


Tunnels  to 
be  lighted. 


Advertisements 
in  stations. 


tion  thereof  to  its  full  limit  as  aforesaid.  If  the  Contractor  shall 
unreasonably  fail  or  refuse  to  so  forthwith  completely  remedy  such 
loss,  wear,  decay  or  defect,  the  Board  may  in  such  manner, 
whether  by  contract  or  otherwise,  as  it  may  deem  proper,  procure 
such  loss,  wear,  decay  or  defect  to  be  supplied  and  remedied,  and 
for  such  purpose  shall  be  entitled,  so  far  as  it  shall  deem  neces- 
sary or  convenient,  to  enter  upon  the  premises ;  and  the  Con- 
tractor shall  forthwith,  upon  the  demand  of  the  Board,  pay  to  the 
City  the  entire  cost  incurred  by  the  City  in  supplying  such  loss 
or  wear  or  in  remedying  such  decay  or  defect. 

The  Contractor  shall  keep  the  stations,  tunnels  and  all  other 
parts  of  the  Railroad  clean  and  free  from  unnecessary  dampness, 
and  in  that  and  in  all  other  respects  in  thoroughly  good  order  and 
condition.  The  Contractor  shall  promptly  remove  from  the  sta- 
tions and  their  approaches,  including  the  sidewalks  immediately 
adjoining  the  approaches,  all  ice  and  snow  and  all  other  obstruc- 
tions or  hindrances. 

The  Contractor  shall  suitably  and  thoroughly  light  and  heat 
the  stations  and  cars  of  this  Railroad ;  and  they  shall  be  so  lighted 
that  passengers  may  conveniently  read  therein.  Such  light  and 
heat  shall  be  provided  by  electricity  or  such  other  illuminating  and 
heating  agent,  as  may  be  approved  by  the  Board. 

The  Contractor  shall  keep  the  waiting-rooms  in  clean  and  com- 
fortable condition,  and  provide  therein  proper  seating  capacity 
and  good  drinking  water.  The  Contractor  shall  provide  in  con- 
nection therewith  sufficient  and  suitable  watei -closets,  and  keep 
the  same  in  sanitary  condition. 

The  Contractor  shall  cause  all  tunnels,  stations  and  cars  of  the 
Railroad  to  be  thoroughly  ventilated  with  pure  air. 

The  Contractor  shall  keep  all  tunnels  sufficiently  lighted  at  all 
times  to  permit  the  tracks  and  walls  and  roofs  of  the  tunnels  to 
be  clearly  visible  for  inspection. 

No  posters,  bill-boards  or  advertisements  of  any  kind  not  neces- 
sary in  the  operation  of  the  Railroad  shall  be  allowed  at  or  in 
stations  except  with  the  written  permission  of  the  Board  revocable 
at  any  time,  it  being  the  policy  of  the  City  that  public  property 
shall  not  be  obstructed,  disfigured  or  made  ugly  by  advertisements. 


104 


Chapter  III. — The  Lease 

The  motive  power  shall  be  electricity  or  compressed  air  which  Motive  power, 
shall  be  so  used  as  to  involve  no  combustion  in  the  tunnels  or  any 
injury  to  the  purity  of  the  air  in  the  tunnels, — Provided,  however, 
that,  if,  in  the  future  development  of  the  railway  art,  any  method 
of  generating  or  transmitting  power  superior  to  electricity  or  com- 
pressed air  and  involving  no  combustion  or  other  injury  to  the 
purity  of  the  atmosphere  in  the  tunnels  or  in  the  cars  shall  be  dis- 
covered to  be  practicable,  then  the  Contractor  shall  have  the  rignt 
to  adopt  such  different  method  if  approved  by  the  Board.  But  if 
the  Contractor  shall  adopt  such  different  method,  then  the  Con- 
tractor shall  provide  and  maintain  equipment  for  the  generation 
and  transmission  of  power  by  such  different  method  at  least  equal 
in  completeness,  efficiency  and  durability  to  the  Equipment  as 
provided  to  be  used  at  the  commencement  of  the  term  of  the 
Lease.  Any  such  change  of  motive  power  shall  be  made  only 
upon  general  and  detailed  plans  and  specifications  which  shall 
have  been  submitted  by  the  Contractor  to  the  Board  at  least  two 
(2)  months  before  any  such  change  shall  be  made. 

The  Contractor  shall  at  all  times  provide  all  reasonable  conve-  Inspection, 
niences  for  the  inspection  of  the  Railroad  and  Equipment  and 
every  part  thereof  by  the  Board,  its  members,  its  engineers  and 
subordinates.  The  members  of  the  Board,  its  engineers  and  sub- 
ordinates shall  at  any  time  upon  its  authority  have  access  to  any 
part  of  the  Railroad  or  Equipment  or  to  any  materials  therefor  in 
process  of  manufacture. 

The  Contractor  shall  at  all  times  provide,  in  quantities  amply  Character  of 
sufficient  for  the  travel  to  the  full  capacity  of  the  Railroad,  cars, 
rolling  stock  and  other  parts  of  the  Equipment  of  the  best  char- 
acter known  at  the  time  to  the  art  of  intra-urban  railway  opera- 
tion. In  case  of  any  such  neglect  the  Board  may,  upon  notice, 
require  the  defect  to  be  made  good ;  and,  if  the  defect  shall  not 
forthwith  and  upon  such  notice  be  made  good,  then  the  Board 
shall  be  at  liberty,  either  by  contract  or  otherwise  as  it  may  see  fit, 
to  make  good  .such  defect ;  and  in  so  doing  the  Board  shall,  so  far 
and  for  such  time  as  may  be  necessary  or  convenient,  be  entitled 
to  enter  upon  or  take  possession  of  any  part  of  the  Railroad  or 
Equipment.  The  Contractor  shall  forthwith  repay  to  the  City 
the  cost  to  which  it  shall  be  put  in  making  good  any  such  defect. 

105 


Chapter  III. — The  Lease 


Rolling  stock 
to  be  adequate. 


Schedules  of 
equipment  to 
be  filed. 


Equipment  to  be 
kept  in  good 
order. 


City's  lien  on 
equipment. 


Freight  may  be 
carried. 


The  Contractor  shall  at  all  times  keep  upon  the  Railroad,  cars, 
motors  and  other  equipment  which  shall,  to  the  limit  of  the  ca- 
pacity of  the  Railroad,  be  adequate  to  the  requirements  of  the  trav- 
eling public. 

The  Contractor  shall,  before  the  declaration  of  the  Board  that 
the  Railroad  is  ready  for  operation,  and  before  the  Contractor 
shall  be  entitled  to  the  final  payment  for  Construction,  file  with 
the  Board  in  duplicate  a  true  schedule  of  the  Equipment  of  the 
Railroad.  Such  schedule  shall  be  in  detail  and  shall  be  prepared 
in  such  form  as  may  be  prescribed  by  the  Board.  After  the 
operation  of  the  Railroad  shall  have  begun  the  Contractor  shall 
within  thirty  (30)  days  after  the  first  day  of  January  and  the  first 
day  of  July  respectively  in  each  year,  file  with  the  Board  a  like 
schedule  showing  in  detail  all  of  the  Equipment  on  such  first  day 
of  January  or  first  day  of  July  respectively.  Every  such  schedule 
shall  be  verified  by  the  affidavit  of  the  general  manager  or  other 
officer  of  the  Contractor  who  shall  be  in  the  general  care  and  con- 
trol of  the  Equipment,  and  who  shall  in  such  affidavit  state  that 
he  is  in  such  general  care  and  control. 

The  Equipment  shall  be  kept  by  the  Contractor  in  thoroughly 
good  order  and  repair ;  and  the  Contractor  hereby  expressly  cove- 
nants to  and  with  the  City  that  the  Contractor  will  not  at  any  time 
within  three  (3)  years  before  the  end  of  the  term  of  the  Lease 
permit  the  Equipment  to  be  less  in  quantity  or  inferior  in  quality 
to  the  Equipment  as  it  shall  have  been  at  any  prior  time  during  the 
term  of  the  Lease. 

The  lien  of  the  City  upon  the  Equipment  shall  be  applicable  to 
all  Equipment  at  any  time  provided  by  the  Contractor  during  the 
term  of  the  Lease  in  like  manner  as  to  the  Equipment  provided 
by  the  Contractor  prior  to  the  commencement  of  said  term. 

The  Contractor  may  use  the  Railroad  for  the  carriage  of 
freight  or  express  matter,  Provided,  however,  that  such  use  shall 
not  to  any  extent  or  in  any  way  interfere  with  the  use  of  the  Rail- 
road to  its  fullest  capacity  for  all  passengers  who  shall  desire  to 
be  carried  upon  it.  Nor  shall  the  Contractor  make  any  use  of  the 
Railroad  or  any  part  of  it  or  of  its  Equipment  which  shall  to  any 
extent  or  in  any  way  interfere  with  such  use  to  its  fullest  capacity 
for  passengers. 


106 


Chapter  III. — The  Lease 

The  Contractor  shall  during  the  term  of  the  Lease  be  entitled  Fares, 
to  charge  for  a  single  fare  upon  the  Railroad  the  sum  of  five  (5) 
cents,  but  not  more.  The  Contractor  may  provide  additional  con- 
veniences for  such  passengers  as  shall  desire  the  same  upon  not 
to  exceed  one  ( i )  car  upon  each  train,  and  may  collect  from  each 
passenger  in  such  car  a  reasonable  charge  for  such  additional  con- 
veniences furnished  him,  provided  that  the  amount  to  be  charged 
therefor  and  the  character  of  such  additional  conveniences  shall 
from  time  to  time  be  subject  to  the  approval  of  the  Board.  The 
Contractor  may  provide  not  to  exceed  one  (i)  car  in  each  train 
for  persons  smoking. 

The  Contractor  covenants  to  and  with  the  City  that  the  terms  Traffic  agree- 
...  „.  .  .  ,     ,    „   merits  to  be  car- 

of  each  and  every  passenger  traffic  agreement  made  or  which  shall  rje(i  out. 

be  made  or  which  the  Contractor  herein  contracts  shall  be  made 
with  the  owners  of  connecting  lines  as  prescribed  in  Chapter  I  of 
this  agreement,  shall  be  fully  carried  out  and  that  this  obligation 
shall  be  deemed  to  be  an  original  obligation  of  the  Contractor  in 
all  respects  as  if  the  Contractor  were  the  sole  owner  of  every  con- 
necting line  with  respect  to  which  such  passenger  traffic  agreement 
shall  be  made  or  with  respect  to  which  the  Contractor  shall  be 
bound  to  make  such  an  agreement. 

If  the  Contractor  shall  default  in  paying  the  rental  herein  pro-  Powers  of  City 
vided  or  shall  fail  to  observe,  keep  and  fulfill  the  conditions,  obli-  Contractor  ° 
gations  and  requirements  of  the  Lease  or  any  of  them,  the  City 
shall  have  all  the  remedies  provided  in  that  case  by  Chapter   I.  of 
this  contract. 

At  the  termination  of  the  Lease  (or  if  the  same  shall,  at  any  City  to  buy  Con- 
time  not  less  than  one  (i)  year  before  the  expiration  of  the  term  a^end  of Pterm 
of  the  present  lease, — be  renewed  by  agreement  between  the  City 
and  the  Contractor,  then  upon  the  expiration  of  said  renewal  there- 
of) the  City  shall  buy  and  the  Contractor  shall  sell,  the  whole  of 
the  property  of  the  Contractor  forming  part  of  the  Equipment  or 
employed  in  and  about  the  equipment,  maintenance  and  operation 
of  the  Railroad.  The  right  of  the  City  so  to  buy  shall  be  pro- 
tected by  its  lien  upon  Equipment  as  aforesaid.  Such  purchase 
and  sale  shall  be  at  a  reasonable  price,  due  regard  being  had  to  the 
condition,  wear  and  tear  of  the  property.  Such  price  may  be  fixed 
by  agreement  between  the  Board  and  the  Contractor ;  but  if  they 
shall  not  agree  then  such  price  shall  be  fixed  by  arbitration,  or,  if 

107 


Lease,  when 
assignable. 


Right  to 
renewal. 


Chapter  III. — The  Lease 

either  party  shall  object  to  arbitration,  or  if  the  terms  or  procedure 
of  arbitration  shall  not  be  agreed  upon,  or  if  the  arbitration  shall 
fail, — then  by  appropriate  suit  or  proceeding  in  the  Supreme  Court 
of  this  State.  The  City  shall  have  the  right  at  the  termination  of 
the  Lease,  whether  or  not  the  price  shall  have  been  ascertained  or 
paid,  to  take  possession  and  use  and  operate  all  such  property  of 
the  Contractor,  but  subject,  however,  to  its  liability  to  £ay  the 
value  thereof  to  be  ascertained  as  aforesaid  with  interest  from  the 
time  of  taking  possession. 

The  Lease  shall  not  be  assignable  by  the  Contractor  without  the 
written  consent  of  the  Board  concurred  in  by  six  (6)  of  its  mem- 
bers. 

Upon  the  written  demand  of  the  Contractor  or  its  lawful 
assignee  delivered  to  the  Board  not  more  than  two  (2)  years  and 
not  less  than  one  (i)  year  before  the  expiration  of  the  term  of 
this  Lease,  the  Contractor  shall  be  entitled  to  a  renewal  hereof  for 
the  term  of  twenty-five  (25)  years.  Such  renewal  lease  shall  be 
in  the  same  form  as  this  lease  except  that,  in  lieu  of  the  term  or 
terms  of  duration  of  this  lease,  such  renewal  lease  shall  be  for  the 
term  of  twenty-five  (25)  years  from  the  date  of  the  expiration  of 
this  lease,  and  except  further  that  such  renewal  lease  shall  con- 
tain no  provision  for  a  renewal,  and  except  further  that  the 
amount  of  the  annual  rental  shall  be  an  amount  not  less  than  the 
average  amount  of  the  annual  rental  for  the  ten  (10)  calendar 
years  of  the  lease  next  preceding  the  Contractor's  demand  for 
renewal,  and  that  the  amount  of  such  rental,  subject  to  such  mini- 
mum limit,  shall  be  agreed  upon  between  the  Board  and  the  Con- 
tractor or  its  assignee  or,  if  they  shall  not  agree,  then  that  the 
amount  of  such  rental  shall,  subject  to  such  minimum,  be  fixed 
by  arbitration  or,  if  either  party  shall  object  to  arbitration  or,  if 
the  terms  of  procedure  shall  not  be  agreed  on  or  if  the  arbitration 
shall  fail,  then  by  an  appropriate  suit  or  proceeding  in  the  Supreme 
Court  of  this  State. 

In  witness  whereof  this  contract  has  been  executed 
for  the  CITY  OF  NEW  YORK  by  not  less  than  six  of  the  members 
of  its  BOARD  OF  RAPID  TRANSIT  RAILROAD  COMMISSIONERS  under 
and  by  a  resolution  duly  adopted  by  the  said  BOARD,  and  the  seal 
of  the  said  BOARD  has  been  hereto  affixed  and  these  presents  signed 


TOS 


Chapter  III. — The  Lease 

by  the  President  and  Secretary  of  the  said  BOARD;  and  the  CON- 
TRACTOR has  caused  its  corporate  seal  to  be  hereto  affixed  and  this 
contract  to  be  witnessed  by  its  President  and  Secretary  the  day 
and  year  first  above  written. 

THE  RAPID  TRANSIT  SUBWAY  CONSTRUC- 
TION COMPANY, 

[CORPORATE  By  AUGUST  BELMONT, 

SEAL  ]  President. 

Attest : 

FREDERICK  EVANS, 

Secretary. 


[OFFICIAL  By  ALEXANDER  E.  ORR, 

SEAL.]  President. 

BION  L.  BURROWS, 

Secretary. 


109 


Chapter  III. — The  Lease 


State  of  New  York, 

L    gg     • 

County  of  New  York/ 

On  this  nth  day  of  September,  1902,  at  the  City  of  New  York, 
in  said  County,  before  me  personally  appeared  ALEXANDER  E. 
ORR  and  BION  L.  BURROWS,  to  me  known  and  known  to  me  to  be, 
the  said  Alexander  E.  Orr,  the  president,  and  the  said  Bion  L. 
Burrows,  the  secretary  of  the  Board  of  Rapid  Transit  Railroad 
Commissioners  for  the  City  of  New  York ;  and  the  said  Alexander 
E.  Orr  and  Bion  L.  Burrows,  being1  by  me  duly  sworn,  did  de- 
pose and  say,  each  for  himself  and  not  one  for  the  other,  the  said 
Alexander  E.  Orr,  that  he  resided  in  the  Borough  of  Brooklyn,  in 
the  said  City,  that  he  was  the  president  of  the  said  Board  and  that 
he  subscribed  his  name  to  the  foregoing  contract  by  virtue  of  the 
authority  thereof ;  and  the  said  Bion  L.  Burrows,  that  he  resided 
in  the  Borough  of  Manhattan,  in  the  said  City  of  New  York, 
that  he  was  the  secretary  of  the  said  Board  and  that  he  subscribed 
his  name  thereto  by  like  authority;  and  both  the  said  Alexander 
E.  Orr  and  Bion  L.  Burrows  that  they  knew  the  seal  of  the  said 
Board  and  that  the  same  was  affixed  to  the  foregoing  instrument 
by  the  authority  of  the  said   Board  and  of  a   resolution  duly 
adopted  by  the  same.     And  on  the  same  day,  at  the  said  county, 
before  me  duly  appeared  FREDERICK  EVANS,  to  me  known  and 
known  to  me  to  be  the  secretary  of  Rapid  Transit  Subway  Con- 
struction Company,  the  Contractor  named  in  the  foregoing  con- 
tract, and  being  by  me  duly  sworn,  did  depose  and  say,  that 
he  resided  at  the  Borough  of  Manhattan,  City  of  New  York,  and 
was  secretary  of  the  said  Rapid  Transit  Subway  Construction 
Company,  the  corporation  described  in  and  which  executed  the 
foregoing  contract  and  that  he  subscribed  his  name  to  the  fore- 
going contract  by  the  authority  of  the  board  of  directors  thereof ; 
and  on  the  3Oth  day  of  August,  1902,  before  me  duly  appeared 
AUGUST  BELMONT,  to  me  known  and  known  to  me  to  be  the 
President  of  Rapid  Transit  Subway  Construction  Company  who 
being  duly  sworn  said  h«  was  President  of  said  Corporation  and 
that  he  subscribed  his  name  to  the   foregoing  contract  by  like 
authority :    and    both    the    said    August    Belmont    and    the    said 
Frederick  Evans  did  depose  and  say  that  they  knew  the  seal  of 

no 


Chapter  III. — The  Lease 

the  said  Rapid  Transit  Subway  Construction  Company  and  that 
the  same  was  affixed  to  the  foregoing  contract  by  authority  of 
the  board  of  directors  of  the  said  Company  and  pursuant  to  a 
resolution  duly  adopted  by  said  Board. 

CHAS.  W.  SANDFORD, 

Notary  Public  No.  20,  Kings  County, 

Certificate  filed  in  N.  Y.  County, 


in 


Invitation  to  Contractors 

Invitation  to  Contractors. 

OFFICE  OF  THE  BOARD  OF  RAPID  TRANSIT  RAILROAD  | 
COMMISSIONERS  FOR  THE  CITY  OF  NEW  YORK,     j 

No.  320  Broadway,  New  York  City, 

June  i2th,  1902. 

The  City  of  New  York  (hereinafter  called  the  City),  acting  by 
its  Board  of  Rapid  Transit  Railroad  Commissioners  (hereinafter 
called  the  Board),  proposes  to  build  a  rapid  transit  railroad  in  the 
City  of  New  York.  By  this  advertisement  the  Board  invites 
proposals  to  construct  the  railroad,  to  equip  the  same,  to  put  the 
same  into  operation  and  thereafter  to  use  and  operate  the  same 
upon  a  lease  thereof  from  the  City  for  the  term  of  thirty-five  (35) 
years  with  a.  right  to  a  renewal  of  the  lease  for  a  further  term  of 
twenty-five  (25)  years,  all  upon  the  terms  and  conditions  set 
forth  in  the  draft  of  Contract  hereinafter  referred  to. 

Payments  to  the  Contractor  will  be  made  for  construction  as 
the  work  proceeds  as  provided  in  the  form  of  contract. 

The  annual  rental  to  be  paid  by  the  Contractor  under  such  lease, 
after  completion,  will,  except  as  provided  in  the  Contract,  amount 
to  the  interest  paid  by  the  City  on  its  bonds  for  cost  of  construc- 
tion (including  interest  during  construction,  but  excluding  bonds 
issued  to  pay 'for  certain  easements  and  the  like),  and  in  addition 
one  ( i )  per  cent,  on  such  cost  of  construction,  with  provision  for 
contingent  abatement  or  reduction  of  such  one  (i)  per  cent. 

The  points  within  the  City  of  New  York  between  which  the 
said  road  is  to  run  and  the  route  or  routes  to  be  followed  are 
as  follows,  namely: 

From  a  point  in  the  Borough  of  Manhattan,  at  or  near  the  inter- 
section of  Broadway  with  Park  Row,  being  the  point  of  com- 
mencement of  the  Manhattan-Bronx  Rapid  Transit  \Railroad  now 
under  construction ;  thence  under  Broadway  and  Bowling  Green 
to  State  Street;  thence  under  State  Street  and  Battery  Park  to 
Whitehall  Street,  and  thence  under  and  across  Whitehall  Street 
and  South  Street  to  the  East  River ;  thence  under  the  East  River 
to  the  Borough  of  Brooklyn  at  a  point  in  Joralemon  Street  be- 
tween the  East  River  and  Furman  Street ;  thence  under  Joralemon 
Street  to  Fulton  Street;  thence  under  Fulton  Street  to  Flatbush 
Avenue ;  and  thence  under  Flatbush  Avenue  to  a  point  at  or  near 
its  intersection  with  Atlantic  Avenue;  together  with  a  loop  or 

112 


Invitation  to  Contractors 

branch  beginning  at  a  point  in  Broadway  between  Bowling  Green 
and  Exchange  Place,  and  running  thence  under  Broadway  to 
Bowling  Green,  thence  under  Bowling  Green  to  State  Street, 
thence  under  and  across  the  line  of  State  Street  to  Battery  Park, 
thence  under  Battery  Park  to  Whitehall  Street,  and  thence  re- 
turning under  Whitehall  Street,  Battery  Park  and  State  Street  to 
Broadway;  also  suitable  tracks  and  connections  in  the  nature  of 
loops  under  the  City  Hall  Park,  in  the  Borough  of  Manhattan, 
and  around  the  Borough  Hall,  in  the  Borough  of  Brooklyn. 

The  general  method  of  construction  includes  two  tracks.  These 
tracks  shall  be  of  the  standard  gauge,  that  is  to  say,  of  a  width  of 
four  (4)  feet  eight  and  one-half  (8^)  inches  between  the  rails. 
The  roof  of  the  tunnel  shall  be  as  near  the  surface  of  the  street 
as  grades  and  street  conditions  "will  permit,  and  is  to  have  a 
height  of  not  less  than  thirteen  (13)  feet  in  the  clear  and  with 
a  maximum  width  in  the  clear,  except  as  influenced  by  local  con- 
ditions, of  fifteen  (15)  feet  for  each  track.  There  shall  also  be 
suitable  stations,  turnouts,  switches  and  cross-overs.  The  portion 
of  the  route  underground  shall  be  constructed  with  steel  girders, 
with  brick  or  concrete  arches  or  masonry  walls  and  arched  roof. 
The  tunnel  under  the  East  River  shall  be  constructed  of  steel  or 
cast  iron  tubes  with  concrete. 

The  manner  of  construction  of  the  portions  underground  shall 
be  by  tunneling  or  open  excavation. 

The  term  of  years  for  which  the  contract  is  proposed  to  be 
made  extends  for  thirty-five  (35)  years  after  the  completion  of 
the  road  and  its  readiness  for  operation  as  declared  by  the  Board, 
with  an  option  to  the  Contractor  to  extend  the  lease  for  twenty-' 
five  (25)  years  at  a  rental  to  be  fixed  as  in  the  contract  provided, 
but  not  less  than  the  average  rental  for  the  last  ten  ( 10)  calendar 
years  before  the  Contractor's  demand  for  renewal. 

Other  requirements,  provisions,  details  and  specifications  are 
stated  in  the  printed  form  of  contract  now  on  file  at  the  office  of 
the  Chief  Engineer  of  the  Rapid  Transit  Board,  No.  320  Broad- 
way, Borough  of  Manhattan,  City  of  New  York,  where  copies  of 
the  same  and  of  the  form  of  bond  and  contractor's  proposal  may 
be  had.  Such  printed  form  of  contract  is  to  be  deemed  part  of 
this  Invitation. 

Sealed  bid=  or  proposals  for  the  construction  and  leasing  of 
such  rapid  transit  road  endorsed :  "Proposals  for  constructing  and 


Invitation   to   Contractors 

"leasing  Brooklyn-Manhattan  Rapid  Transit  Railroad,"  with  the 
name  of  the  person  or  persons,  corporation  or  corporations  mak- 
ing the  same,  will  be  received  at  the  said  office  of  the  Board  at  No. 
320  Broadway,  Borough  of  Manhattan,  New  York  City,  until  the 
2ist  day  of  July,  1902,  at  12  o'clock  noon,  at  which  time  or  at  a 
later  date  to  be  fixed  by  the  Board,  the  proposals  will  be  publicly 
opened  at  the  said  office  and  the  award  of  the  contract,  if  awarded, 
will  thereafter  and  within  thirty  (30)  days  after  the  opening  of 
the  bids  be  made  by  the  Board  to  the  person  or  persons,  corpora- 
tion or  corporations,  if  any,  whose  proposal  shall,  in  its  opinion, 
be  for  the  best  interest  of  the  City.  The  bidder  or  bidders  whose 
proposal  shall  be  accepted  shall  in  person  or  by  duly  authorized 
representative  attend  at  the  said  office  of  the  Board  within  ten 
(10)  days  after  the  delivery  of  a  notice  by  the  Board  and  deliver 
a  contract  in  the  form  referred  to  duly  executed  with  its  execution 
duly  proved. 

Proposals  shall  be  in  the  form  prescribed  by  the  Board,  copies 
of  which  may  be  obtained  from  the  Chief  Engineer. 

At  the  time  of  the  delivery  of  the  contract  the  Contractor  shall 
give  security  as  follows: 

(1)  By  deposit  of  One  million  dollars  ($1,000,000)  in  cash  or 
in  securities  of  the  character  of  securities  in  which  savings  banks 
of  the  State  may  invest  their  funds.    If  the  deposit  be  of  securities 
they  must  first  be  approved  by  the  Board.     Such  One  million 
dollars  ($1,000,000)  shall  be  security  for  construction. 

(2)  By  a  bond  in  the  penalty  of  One  million  dollars  ($1,000,- 
006  )  or  a  further  and  continuing  deposit  of  One  million  dollars 
($1,000,000)  in  cash  or  in  securities  of  the  character  of  securities 
in  which  savings  banks  of  this  state  may  invest  their  funds.   If  the 
deposit  be  of  securities  they  must  first  be  approved  by  the  Board. 
Such  bond  or  such  One  million  dollars  ($1,000,000)  shall  be  con- 
tinuing security   for  construction,   operation,  payment  of  rental 
and  all  other  obligations  of  the  Contractor  until  the  termination 
of  the  lease.    The  form  of  the  bond  is  prescribed  in  the  Contract. 

In  case  of  failure  or  neglect  so  to  execute  and  deliver  the  con- 
tract and  make  the  required  deposit  and  execute  and  deliver  the 
required  bond  or  make  the  further  deposit  in  lieu  of  the  bond,  such 
bidder  or  bidders  will,  at  the  option  of  the  Board,  be  deemed 
either  to  have  made  the  contract  or  to  have  abandoned  the  con- 
tract. In  the  latter  case  the  Board  shall  give  notice  thereof  to  the 

114 


Invitation  to   Contractors 

bidder  or  bidders.  And  the  Board  may  thereupon  proceed  to  make 
another  contract  with  such,  if  any,  of  the  original  bidders,  as,  in 
the  opinion  of  the  Board,  it  will  be  to  the  best  interest  of  the  City 
to  contract  with,  or  may  by  new  advertisement  as  originally  made, 
invite  further  proposals.  The  defaulting  bidder  or  bidders  shall 
thereupon  be  liable  to  the  City  for  all  loss  and  damage  by  it 
sustained,  including  the  excess,  if  any,  of  the  amount  it  shall  pay 
any  other  contractor  over  the  amount  of  the  bid  of  such  default- 
ing bidder  or  bidders,  and  without  abatement  by  reason  of  any  in- 
crease of  Rental  which  such  excess  may  produce  to  the  City, 
which  damages  are  hereby  liquidated  at  One  hundred  thousand 
dollars  ($100,000). 

Bidders  shall  specify  in  their  proposals  the  estimate  of  the  cost 
of  the  equipment  of  the  railroad  upon  which  the  proposal  is  based. 
The  equipment  includes  all  motors,  cars,  whether  used  for  pas- 
sengers, freight,  express  or  any  other  purpose,  and  all  other 
rolling  stock,  all  boilers,  engines,  wires,  ways,  conduits,  mechan- 
isms, machinery,  power-houses,  all  real  estate  upon  which  any 
such  power-houses  shall  stand  or  which  shall  be  necessary  for  the 
generation  or  transmission  of  motive  power,  and  all  tools,  imple- 
ments and  devices  of  every  nature  whatsoever  used  for  such  gen- 
eration or  transmission  of  motive  power,  and  also  all  apparatus 
and  devices  for  lighting,  signalling  and  ventilation. 

Actual  work  must  be  begun  under  the  contract  within  sixty  (60) 
days  after  it  shall  be  executed  and  delivered.  The  Railroad  is  to 
be  completed  ready  for  operation  within  three  (3)  years  "with  a 
contingent  provision  for  an  extension  of  one  (i)  year  for  work 
under  the  East  River. 

Each  proposal  shall  be  enclosed  in  a  sealed  envelope  and  de- 
livered to  the  Board  or  to  its  secretary ;  and  in  the  presence  of  the 
person  offering  the  proposal  it  shall  be  deposited  in  a  sealed  box  in 
which  all  proposals  shall  be  deposited.  No  proposal  will  be  re- 
ceived or  deposited  unless  accompanied  by  a  certified  check  drawn 
upon  a  national  or  state  bank  within  the  City  of  New  York  and 
satisfactory  to  the  Board,  payable  to  the  order  of  the  Comptroller 
of  the  City  of  New  York  for  the  sum  of  One  hundred  thousand 
dollars  ($100,000).  If  the  Board  shall,  by  notice  to  any  bidder, 
accept  his  or  its  proposal  and  if  the  bidder  shall  fail  within  ten 
(10)  days  thereafter  or  within  such  further  period,  if  any,  as  may 
be  prescribed  by  the  Board,  to  duly  execute  and  deliver  the  con- 


Invitation   to   Contractors 

tract  and  make  the  deposit  of  One  million  dollars  ($1,000,000)  in 
cash  or  securities,  and  duly  execute  and  deliver  the  Bond  with 
sureties,  or  make  the  further  deposit  of  One  million  dollars 
($1,000,000)  in  lieu  of  the  Bond,  then  this  Invitation  to  Con- 
tractors and  the  proposal  accepted  as  aforesaid  shall  be  a  contract 
binding  the  bidder  to  pay  to  the  City  the  damages  by  it  sustained 
by  reason  of  such  failure,  and  in  such  case  the  bidder  hereby  abso- 
lutely assigns  to  the  City  the  ownership  of  such  One  hundred 
thousand  dollars  ($100,000)  in  payment  of  such  damages.  Such 
check  must  not  be  enclosed  in  the  sealed  envelope  containing  the 
proposal,  but  must  be  separately  delivered  to  the  Board  or  to  its 
secretary,  who  will  give  a  proper  voucher  for  the  deposit.  All 
such  deposits  made  by  bidders  whose  proposals  shall  not  be  ac- 
cepted by  the  Board  shall  be  returned  to  the  person  or  persons 
making  the  same  within  five  (5)  days  after  the  contract  shall  be 
executed  and  delivered.  The  deposit  of  the  successful  bidder  shall 
be  returned  when  the  contract  is  executed  and  its  provisions  as  to 
security  complied  with  by  him. 

The  price  stated  for  construction  shall  include  the  furnishing 
of  all  materials  and  the  performance  of  all  labor  requisite  to  the 
cornplete  construction  and  equipment  of  the  proposed  Brooklyn- 
Manhattan  Rapid  Transit  Railroad,  including  all  sewer  and  street 
construction  and  reconstruction  and  other  work  caused  by  or  in- 
cidental to  the  construction  of  the  railway  as  set  out  in  the  pro- 
posed form  of  contract  and  specifications.  The  equipment  when 
completely  delivered  shall,  however,  be  the  property  of  the  Con- 
tractor, but  subject  to  a  lien  of  the  City  to  secure  performance  by 
the  Contractor  of  its  obligations  under  the  contract,  including 
payment  of  rental  under  the  lease  during  its  entire  term. 

The  Contractor  shall,  in  the  proposal,  specify  what  transporta- 
fare  (the  same  not  to  exceed  five  cents)  which  may  be  charged  a 
single  passenger  for  a  continuous  ride  over  the  whole  or  any  part 
of  the  Railroad. 

The  Contractor  shall,  in  the  Proposal,  specify  the  maximum 
tion  facilities  over  railways  connecting  or  to  connect  with  the 
rapid  transit  railroad  it  will  be  able  to  assure  to  the  City,  speci- 
fying separately  (i)  in  List  A  forming  part  of  the  Proposal  the 
connecting  lines  over  which  shall  be  assured  to  any  passenger  a 
continuous  trip  for  a  single  fare  not  exceeding  five  cents  without 
change  of  cars,  (2)  in  List  B  forming  part  of  the  Proposal  the 

116 


Invitation   to  Contractors 

connecting  lines  over  which  passengers  shall  be  assured  a  con- 
tinuous trip  for  a  single  fare  not  exceeding  five  cents  but  with  or 
without  change  of  cars  at  the  option  of  the  Contractor,  and  (3) 
in  List  C  forming  part  of  the  Proposal  the  connecting  lines  over 
which  the  passengers  shall  be  assured  a  continuous  trip  'with  or 
without  change  of  cars  at  the  option  of  the  Contractor  for  fares 
exceeding  five  cents  per  trip  but  within  limitations  as  specified. 

The  Contractor's  Proposal  shall  also  state  whether  it  authorize 
insertions  in  the  contract  of  the  clause  intended  to  further  secure 
to  the  City  the  transfer  and  other  operating  advantages,  such 
clause  being  called  in  the  footnote  thereto  Provisions  for  Future 
Operating  Agreements. 

The  Railroad  is  to  be  operated  by  the  Contractor  after  it  is 
completed  for  the  period  aforesaid,  and  the  Contractor  is  to  pay  to 
the  City  rental  therefor  as  prescribed  in  the  contract. 

Bidders  must  state  in  their  proposals  the  names  and  places  of 
business  of  the  proposed  sureties  on  the  bond  (if  any)  proposed  to 
be  given,  and  the  securities  proposed  to  be  deposited. 

Bidders  whose  proposals  are  otherwise  satisfactory  to  the  Board 
may  in  case  the  sureties  or  securities  named  by  them  are  not  ap- 
proved by  the  Board,  substitute  in  their  proposals  the  names  of 
new  sureties  or  a  different  schedule  of  securities  approved  by  the 
Board. 

Each  proposal  or  bid  shall  contain  the  name  and  place  of  resi- 
dence of  the  person  making  the  same,  the  names  of  all  persons 
interested  with  him  therein,  and  if  no  other  person  be  so  inter- 
ested, it  shall  distinctly  state  that  fact;  and  if  the  bidder  shall  be 
a  corporation,  then  there  shall  be  submitted  a  certified  copy  of  its 
certificate  of  incorporation,  with  a  certificate  of  the  amount  of 
stock  paid' in  in  cash;  and  the  names  and  business  addresses  of  all 
officers  and  directors  of  the  corporation  shall  be  stated ;  also,  that 
it  is  made  without  any  connection  with  any  other  person  making 
a  proposal  or  bid  for  the  same  purpose,  and  is  in  all  respects  fair 
and  without  collusion  or  fraud,  and  that  no  member  of  the  board 
of  aldermen,  head  of  a  department,  chief  of  a  bureau,  deputy 
thereof  or  clerk  therein,  or  other  officer  of  the  corporation,  or 
any  member -or  employee  of  the  Board,  is  interested,  directly  or 
indirectly,  as  contracting  party,  partner,  stockholder,  surety  or 
otherwise  in  or  in  the  performance  of  the  contract,  or  in  the  sup- 
plies, work  or  business  to  which  it  relates,  or  in  any  portion  of 
the  profits  thereof. 

117 


Invitation  to  Contractors 

No  proposal  will  be  allowed  to  be  withdrawn  for  any  reason 
whatever  after  it  shall  have  been  deposited  with  the  Board. 

The  Board  reserve  the  right  to  reject  the  proposal  of  any  per- 
son who  is  in  arrears  to  the  City  upon  any  bid  or  contract,  or  who 
is  in  default  as  surety  or  otherwise  in  any  obligation  to  that  cor- 
poration. 

The  proposal  shall  be  signed  and  also  verified  by  an  affidavit  ot 
the  bidder  (or  if  it  be  a  corporation  then  by  the  president  thereof) 
to  the  effect  that  the  several  matters  therein  stated  are  in  all  re- 
spects true. 

Each  bidder  shall  in  his  or  its  proposal  specify  an  office  within 
the  City  of  New  York  at  which  notices  may  be  delivered;  and 
delivery  of  a  notice  at  such  office  shall  be  deemed  a  sufficient  de- 
livery and  notice  to  such  bidder. 

The  Board  may  reject  any  or  all  proposals  if  the  Board  shall 
deem  it  to  the  interest  of  the  City  so  to  do. 

THE  BOARD  OF  RAPID  TRANSIT  RAILROAD 
COMMISSIONERS  FOR  THE  CITY  OF  NEW 
YORK, 
by 

A.  E.  ORR, 

President. 

BION  L.  BURROWS, 

Secretary. 


118 


Contractor's  Proposal 

Contractor's  Proposal. 

TO  THE  BOARD  OF  RAPID  TRANSIT  RAILROAD  COM- 
MISSIONERS FOR  THE  CITY  OF  NEW  YORK. 

NOTE.  Sums  of  money  must  be  written  in  words  and  also 
stated  in  figures. 

The  undersigned  Rapid  Transit  Subway  Construction  Com- 
pany, a  corporation  organized  under  the  laws  of  the  State 
of  New  York,  does  hereby  in  pursuance  of  the  Invitation  to 
Contractors  made  by  your  Board,  a  copy  of  which  is  hereto 
annexed,  propose  according  to  the  terms  thereof  and  of  the 
form  of  Contract  therein  referred  to,  to  fully  construct  the 
Rapid  Transit  Railroad  therein  mentioned  (and  herein- 
after called  the  Railroad),  and  to  equip  the  same  completely 
ready  for  immediate  and  continuous  operation,  for  the  sum  of 
Two  Million  Dollars  ($2,000,000)  ;  and,  in  addition  to  the  fore- 
going the  sum  of  One  Million  Dollars  ($1,000,000)  for  termi- 
nals and  real  estate :  Provided,  however,  that  this  sum  is  sub- 
ject to  modification  as  provided  in  the  said  form  of  contract, 
and  to  be  paid  as  therein  provided.  And  the  undersigned  does 
further  propose,  according  to  the  terms  of  the  said  Invitation 
and  Contract,  that,  after  the  Railroad  shall  have  been  declared 
by  your  Board,  to  be  ready  for  operation,  the  undersigned 
shall  use  and  operate  the  Railroad  upon  lease  from  The  City  of 
New  York  (hereinafter  called  the  City),  for  thirty-five  (35) 
years  after  such  declaration,  and  to  pay  rental  therefor  as  pro- 
vided in  the  said  form  of  contract. 

The  maximum  fare  which  may  be  charged  a  single  passen- 
ger for  a  continuous  ride  over  the  whole  or  any  part  of  the 
Railroad  shall  be  five  cents  (5c.). 

The  undersigned  does  hereby  propose  to  assure  to  the  City 
transportation  .facilities  over  railways  connecting  or  to  con- 
nect with  the  Rapid  Transit  Railroad  as  mentioned  in  Lists 
A,  B  and  C  hereto  annexed. 

The  undersigned  does  not*  hereby  authorize  the  insertion  in  the 
contract  of  the  clause  referred  to  in  the  Invitation  to  Con- 
tractors as  Provision  for  Future  Operating  Agreements. 

The   undersigned   does   hereby   propose   to   make   a   contract 

*  If  the  Contractor  be  unwilling  to  have  this  provision  in- 
serted, he  must  here  insert  the  word  "not." 

119 


Contractor's  Proposal 

with  the  City  in  the  form  referred  to  in  the  Invitation  to  Con- 
tractors and  hereto  annexed. 

The  undersigned  will,  if  this  Proposal  shall  be  accepted, 
forthwith  execute  such  Contract  with  the  Ci-ty  (acting  by  your 
Board)  and  at  the  time  of  such  execution  will  deposit  pursuant 
and  subject  to  the  terms  thereof  t  the  sum  of  One  million  dol- 
lars ($1.000,000)  with  the  Comptroller  of  the  City  of  New  York. 

The  undersigned  will  also  at  the  time  of  such  execution  de- 
liver to  the  said  Comptroller  the  Bond  for  One  million  dollars 
($1,000,000)  therein  required  and  being  in  the  form  hereto  an- 
nexed with  the  following  sureties : 

United  States  Fidelity  &  Guaranty  Company, 

American  Surety  Company, 

Empire  State  Surety  Company, 

or  will  in  lieu  of  such  bond  deposit  pursuant  and  subject  to  the 
terms  of  the  said  Contract  with  the  said  Comptroller* 


Your  Board  may  cause  any  notice  intended  for  the  under- 
signed to  be  delivered  at  the  office  of  August  Belmont  &  Co., 
in  the  building  No.  23  Nassau  street  in  the  Borough  of  Man- 
hattan in  the  City  of  New  York.  Such  delivery  shall  be  suffi- 
cient notice  to  the  undersigned. 

At  the  time  of  delivering  this  proposal  to  the  secretary  of 
your.  Board  the  undersigned  separately  delivers  to  the  secre- 
tary a  certified  check  drawn  upon  the  National  Park  Bank 
of  the  City  of  New  York  payable  to  the  order  of  the  Comp- 
troller of  the  City  of  New  York  for  the  sum  of  One  hundred 
thousand  dollars  ($100,000).  If  your  Board  shall  by  notice 


f  Here  insert  either  the  words  the  sum  of  One  million  dollars 
($1,000,000),  or  the  words,  securities  of  which  a  schedule  is  hereto, 
annexed  entitled  "Schedule  of  Securities  No.  I  in  lieu  of  One 
million  dollars,"  such  securities  being  of  the  value  of  One  million 
dollars  ($1,000,000). 

*Here  insert  either  the  words  the  sum  of  One  million  dollars 
($1,000,000),  or  the  words,  securities  of  which  a  schedule  is  hereto 
annexed  entitled  "Schedule  of  Securities  No.  II  for  Continuing 
Deposit,"  such  securities  being  of  the  value  of  One  million  dollars 
($1,000,000). 


120 


Contractor 's  Proposal 

to  the  undersigned  as  aforesaid  accept  this  Contractor's  Pro- 
posal, then,  if  the  undersigned  shall  fail  within  ten  (10)  days 
thereafter  or  within  such  longer  period  as  may  be  prescribed 
by  your  Board  to  make  the  deposit  in  cash  or  securities  of 
One  million  dollars  ($1,000,000)  as  aforesaid;  or  to  procure  the 
continuing  bond  to  be  duly  executed  and  delivered  as  afore- 
said, or  in  lieu  thereof  to  make  the  further  and  continuing  de- 
posit of  One  million  dollars  ($1,000,000),  or  if  the  undersigned 
shall  fail  to  procure  the  contract  to  be  duly  executed  and  de- 
livered as  aforesaid,  then  the  Invitation  to  Contractors  and  this 
Contractor's  Proposal  shall  constitute  a  contract  binding  the 
undersigned  to  pay  to  the  City  the  damages  by  it  sustained  by 
reason  of  such  failure  of  the  undersigned,  as  provided  in  said 
Invitation  to  Contractors.  And  the  undersigned  hereby  as- 
signs to  the  City  the  said  sum  so  specially  deposited  by  the 
delivery  of  such  certified  check,  subject  only  to  the  condition 
that  if  this  Proposal  shall  not  be  accepted,  or,  if  it  shall  be 
accepted  and  the  undersigned  shall  within  ten  (10)  days  after 
notice  as  aforesaid  or  any  longer  period  prescribed  by  your 
Board,  execute  the  said  contract  and  make  the  said  deposit  in 
cash  or  securities  of  One  million  dollars  ($1,000,000)  and  procure 
the  said  continuing  bond  to  be  duly  executed  and  delivered,  or, 
in  lieu  thereof,  make  the  further  and  continuing  deposit  of 
One  million  dollars  ($1,000,000),  then  such  sum  of  One  hun- 
dred thousand  dollars  ($100,000)  so  specially  deposited  shall 
be  returned  to  the  undersigned. 

A  notice  of  acceptance  of  this  Proposal  by  your  Board  ad- 
dressed to  the  undersigned  as  aforesaid  shall  forthwith,  at  the 
option  of  your  Board,  operate  as  against  the  undersigned  as  a 
complete  making  of  a  contract  according  to  the  form  thereof 
as  aforesaid,  with  the  blanks  therein  contained  filled  in  ac- 
cording to  this  Proposal. 

This  Proposal  is  based  in  part  on  an  estimate  of  the  cost  of 
the  equipment  of  the  Railroad  (as  defined  in  the  Invitation 
to  Contractors)  at  two  million  dollars  ($2,000,000). 

The  following  are  all  the  pers.ons  interested  with  the  under- 
signed in  this  Proposal,  together  with  their  names  and  places 
of  residence : 

The  work  of  constructing  the  railroad  is  to  be  done  under  the 
personal  supervision  and  direction  of  John  B.  McDonald,  the 
Contractor  now  engaged  in  the  construction  of  the  Rapid  Transit 

121 


Contractor's  Proposal 

Railroad  in  the  Borough  of  Manhattan,  who  is  the  contractor  of, 
and  a  director  in  the  undersigned  corporation  and  who  resides 
at  No.  i  West  Seventy-second  street  in  the  Borough  of  Man- 
hattan, New  York  City. 

Submitted  herewith  is  a  certified  copy  of  the  original  certificate 
of  incorporation  of  the  said  corporation  and  a  certified  copy  of 
its  amended  or  supplemental  certificate  of  incorporation  and  a 
certificate  verified  by  the  President  and  Treasurer  of  the  under- 
signed corporation,  showing  the  amount  of  the  capital  stock 
thereof  paid  in  in  cash  and  the  name  and  business  address  of 
each  and  every  officer  and  director  thereof. 

This  Proposal  is  in  all  respects  fair  and  without  collusion 
or  fraud. 

This  Proposal  is  made  without  any  connection  with  any 
other  person  making  a  proposal  or  bid  for  the  same  purpose 
and  is  in  all  respects  fair  and  without  collusion  or  fraud,  and 
no  member  of  the  Board  of  Aldermen,  head  of  a  department, 
chief  of  a  bureau,  deputy  thereof  or  clerk  therein,  or  other  of- 
ficer of  the  Corporation,  or  any  member  or  employee  of  the 
Board  of  Rapid  Transit  Railroad  Commissioners,  is,  interested 
directly  or  indirectly,  as  contracting  party,  partner,  stock- 
holder, surety  or  otherwise  in  or  in  the  performance  of  the 
Contract,  or  in  the  supplies,  work  or  business  to  which  it  re- 
lates, or  in  any  portion  of  the  profits  thereof. 

DATED  2IST  JULY,  1902.  No.  23  NASSAU  STREET, 

NEW  YORK  CITY. 

RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY, 

By 
AUGUST  BELMONT, 

President. 

JOHN  F.  BUCK, 

Secretary. 


122 


Contractor 's  Proposal 
STATE  OF  NEW  YORK,  ) 

*    c  c     • 

CITY  AND  COUNTY  OF  NEW  YORK,( 

August  Belmont,  being  duly  sworn,  says :  I  am  *  the  Presi- 
dent of  the  Rapid  Transit  Subway  Construction  Company,  the 
proposing  contractor  above  named.  I  have  read  the  foregoing 
proposal.  The  same  is  in  all  respects  true. 

AUGUST  BELMONT. 

Sworn  to  before  me  this  2ist  day 
of  July,  1902. 


STATE  OF  NEW  YORK,  ) 

ss  * 
CITY  AND  COUNTY  OF  NEW  YORK,( 

On  this  day  of  1902,  before 

me  personally  came  to  me 

known  and  known  to  me  to  be  the  same  person  described  in 
and  who  executed  the  foregoing  proposal,  and  he  ac- 
knowledged to  me  that  he  executed  the  same  for  the  pur- 
poses therein  mentioned. 


STATE  OF  NEW  YORK,  ) 

ss  ° 
CITY  AND  COUNTY  OF  NEW  YORK,  ( 

On  this  26th  day  of  July,  1902,  before  me  personally  came 
August  Belmont,  to  me  known  and  known  to  me  to  be  the  Presi- 
dent of  the  Rapid  Transit  Subway  Construction  Company  and 
John  F.  Buck,  to  me  known  and  known  to  me  to  be  the  Treasurer 
of  the  said  Company,  who  being  by  me  severally  duly  sworn,  did 
say:  the  said  August  Belmont  that  he  resided  at  Hempstead, 
N.  Y.,  and  was  the  President  of  said  Rapid  Transit  Subway  Con- 
struction Company,  the  corporation  described  in  and  which 
executed  the  foregoing  proposal,  and  the  said  John  F.  Buck  that 
he  resided  in  New  York,  and  was  the  Treasurer  of  said  Company : 
and  each  for  himself  did  say  that  he  knew  the  corporate  seal  of 


*//  the  contractor  be  a  person,  here  say  "the  person;"  if  it  be  a 
firm,  here  say  "a  member  of  the  firm  of  ;" 

if  it  be  a  corporation,  say  "the  President  (or  Treasurer)  of  the 
Company." 

123 


Contractor's  Proposal 

said  Company;  that  the  seal  affixed  to  the  foregoing  instrument 
was  such  corporate  seal ;  .that  it  was  so  affixed  by  order  of  the 
board  of  directors  of  said  Company,  and  that  by  like  order  each 
thereto  signed  his  name  and  official  designation. 


NOTICE:     To  this  Proposal  must  be  annexed: 

1.  Copy  of  Invitation  to  Contractors. 

2.  Copy  of  Proposed  Contract. 

3.  Schedule  of  Securities  in  lieu  of  One  million  dol- 
lars if  securities  be  deposited  for  the  $1,000,000  in  lieu  of 
cash. 

4.  Schedule  of  Securities  for  Continuing  Deposit  if  se- 
curities be  deposited  for  the  $1,000,000  in  lieu  of  cash 
(should  a  One  million  dollars   ($1,000,000)   deposit  be 
made  in  lieu  of  the  Bond). 

5.  If  a  bond  is  to  be  given  then  a  form  thereof  with 
blanks  completely  filled. 

6.  Lists  A,  B  and  C. 


124 


Contractor's  Proposal 

LIST  A. 

Connecting  lines  over  zvhich  the  Contractor  will  assure  to  any 
passenger  a  continuous  trip  for  a  single  fare  not  exceeding  five 
cents  without  change  of  cars: 

The  lines  operated  or  to  be  operated  by  the  Interborough  Rapid 
Transit  Company  in  the  Borough  of  Manhattan  and  The  Bronx 
as  now  authorized.  Excepting  in  the  case  where  a  contractor 
shall  have  entered  into  an  agreement  with  a  connecting  line  to 
carry  a  passenger  for  less  than  five  cents,  the  Interborough  Com- 
pany will  not  agree  in  such  case  to  carry  such  passenger  beyond 
Fifty-ninth  street  for  the  less  fare. 


Contractor's  Proposal 

LIST  B. 

Connecting  lines  over  which  the  Contractor  tvill  assure  to  any 
passenger  a  continuous  trip  for  a  single  fare  not  exceeding  five 
cents  with  or  ivithout  change  of  cars  at  the  option  of  the  Con- 
tractor: 


Contractor's  Proposal 

LIST  C. 

Connecting  lines  over  which  the  Contractor  will  assure  to  any 
passenger  a  continuous  trip  ivith  or  without  change  of  cars  at  the 
option  of  the  Contractor  for  fares  exceeding  five  cents  per  trip 
but  within  limitations  in  this  List  specified: 


127 


Copy  of  the  Routes  and  General  Plan. 

The  center  line  of  the  route  shall  commence  at  a  point  in 
the  Borough  of  Manhattan  at  or  near  the  intersection  of 
Broadway  with  Park  Row,  being  the  point  of  commencement 
of  the  rapid  transit  railroad  now  under  construction  upon  the 
routes  adopted  by  the  Board  of  Rapid  Transit  Railroad  Com- 
missioners of  the  City  of  New  York,  by  resolution  of  the  I4th 
day  of  January,  and  4th  day  of  February,  1897  5  and  sucn  center 
line  shall  run  thence  under  Broadway  and  Bowling  Green  to 
State  Street;  thence  under  State  Street  and  Battery  Park  to 
Whitehall  street,  and  thence  under  and  across  Whitehall  street 
and  South  street  to  the  East  River;  thence  under  the  East 
River  to  the  Borough  of  Brooklyn  at  a  point  in  Joralemon 
street  between  the  East  River  and  Furman  street ;  thence  un- 
der Joralemon  street  to  Fulton  "street ;  thence  under  Fulton 
street  to  Flatbush  avenue;  thence  under  Flatbush  avenue  to 
a  point  at  or  near  its  intersection  with  Atlantic  avenue.  The 
route  shall  also  include  a  branch  or  loop,  the  center  line  of 
which  shall  begin  at  the  point  which  shall  be  found  most  con- 
venient in  Broadway  between  Bowling  Green  and  Exchange 
Place,  and  shall  run  thence  under  Broadway  to  Bowling  Green 
and  thence  under  Bowling  Green  to  State  street;  thence  under 
and  across  the  line  of  State  street  to  Battery  Park ;  thence  un- 
der Battery  Park  to  Whitehall  street;  thence  returning  under 
Whitehall  street,  Battery  Park,  and  State  street  to  Broadway. 

The  route  shall  also  include  suitable  tracks  and  connections  in 
the  nature  of  loops  under  the  City  Hall  Park  and  around  the  City 
Hall  in  the  Borough  of  Brooklyn.  Wherever  the  route  passes 
from  one  street  to  another,  or  from  the  street  to  the  river,  or 
from  the  river  to  a  street,  the  route  may  pass  under  private  prop- 
erty so  far  as  may  be  convenient  for  the  purposes  of  the  curve  or 
grade  of  the  railway. 

The  said  general  plan  of  construction  hereby  adopted  is  as 
follows : 

For  the  whole  of  the  route  above  described,  including  each  of 
the  branches  and  loops  aforesaid,  two  parallel  tracks  placed  on 
the  same  level  except  that,  wherever  required  by  special  necessi- 
ties of  surface  or  subsurface  structures,  or  other  special  or  local 
necessities,  or  for  the  purpose  of  avoiding  grade  crossings,  either 
track  may  be  depressed  below  the  other  track  to  a  depth  of  not 

128 


Routes  and  General  Plan 

more  than  fifty  feet ;  but  the  limitation  as  to  level  of  the  two  tracks 
shall  not  apply  to  the  portions  of  the  route  under  the  East  River. 
The  tracks  shall  be  standard  gauge,  that  is  to  say,  of  a  width  of 
four  feet  eight  and  one-half  inches  between  the  rails. 

The  tracks  may  at  any  point  of  the  route  (or  of  the  branches  or 
loops  therein  included)  be  placed  in  the  same  tunnel;  or  there  may 
be  a  separate  tunnel  for  each  track ;  as  shall  be  most  convenient ; 
and  there  shall  be  a  width  in. the  tunnels  for  each  track  not  ex- 
ceeding fifteen  feet,  except  that  at  stations,  switches,  turnouts, 
curves,  and  cross-overs  the  width  may  be  increased;  provided, 
however,  that  the  tracks  shall  be  placed  under  the  central  part 
of  the  longitudinal  street  of  the  route,  so  far  as  may  be  practicable 
and  convenient.  No  wall  of  the  tunnel  or  part  thereof  shall,  ex- 
cept at  the  stations,  station  approaches,  curves,  and  places  of 
access  to  subsurface  structures  as  hereinafter  provided,  be  within 
a  distance  of  five  (5)  feet  of  the  exterior  line  or  side  of  a  longi- 
tudinal street  of  the  route.  The  roof  of  the  tunnel  when  under 
a  street  shall  be  as  near  the  surface  of  the  street  as  grades  and 
street  conditions  will  conveniently  permit.  The  tunnel  shall  not 
be  less  than  thirteen  feet  high  in  the  clear.  Wherever  necessary 
to  the  proper  support  of  a  street  surface  the  roof  of  the  tunnel  or 
tunnels  shall  be  of  iron  or  steel  girders,  with  brick  or  concrete 
arches,  supported  by  iron  or  steel  columns  and  masonry  walls,  or 
the  roof  shall  'be  a  masonry  arch,  or  the  whole  of  the  lining  may 
be  of  iron.  Adjacent  tracks  shall  be  connected  by  necessary  and 
suitable  switches  and  connections  and  an  additional  track  for  sid- 
ing accommodations  may  be  constructed  not  to  exceed  in  length 
one-quarter  of  a  mile  for  each  mile  of  roadway;  and  wherever 
along  any  part  of  the  route  it  shall  be  necessary  for  the  proper 
maintenance  or  accommodation  of  pipes,  wires,  sewers,  and  other 
subsurface  structures,  the  width  of  the  tunnel  may  be  enlarged  on 
either  or  both  sides  by  an  additional  width  not  to  exceed  fifteen 
feet,  provided  always  that  the  limits  hereinbefore  provided  as  to 
longitudinal  streets  of  the  route  shall  be  observed.  All  or  any 
pipes,  wires,  sewers,  and  other  subsurface  structures  may  be  placed 
in  suitable  galleries  to  be  constructed  within  the  additional  width 
hereinbefore  permitted.  At  each  cross  street  where  accommoda- 
tion for  pipes,  wires,  sewers,  and  other  subsurface  structures  shall 
be  those  provided  within  the  tunnel,  the  tunnel  may,  in  order  to 
provide  convenient  access  to  the  same,  have  within  the  limit  of  the 


129 


sides  or  exterior  lines  of  such  cross  streets  or  such  lines  produced, 
an  additional  width  on  each  side  of  the  route  not  to  exceed  fifteen 
feet,  provided  always  that  the  limits  hereinbefore  provided  as  to 
longitudinal  streets  of  the  route  shall  be  observed.  Pipes,  wires, 
sewers,  and  other  subsurface  structures  shall,  at  any  part  of  the 
said  route,  be  removed  and  disturbed  only  when  necessary  for  the 
construction  and  operation  of  the  tunnel,  and  if  removed  or  dis- 
turbed shall  be  placed  under  the  streets  in  such  manner  and  in 
such  location  that  the  use  and  service  thereof  shall  not  be  perma- 
nently impaired.  Such  pipes,  wires,  sewers,  and  other  subsurface 
structures  shall  be  left  or  shall  be  so  arranged  as  to  give  free 
access  for  their  repair  or  alteration  and  for  the  placing  with 
them,  so  far  as  there  may  be  space,  of  new  pipes,  wires,  sewers, 
and  other  like  structures,  and  for  making  connections  between  the 
same  and  abutting  buildings  at  any  time.  Stations  and  station  ap- 
proaches shall,  so  far  as  practicable,  be  at  the  intersection  of 
streets  and  shall  be  built  under  streets  or  through  private  property 
to  be  acquired  for  the  purpose,  or  both  under  streets  and  through 
private  property  as  aforesaid.  The  streets  under  which  stations 
or  station  approaches  shall  be  built  may  include  cross  streets ;  but 
no  part  of  any  cross  street  shall  be  used  for  a  station  or  station 
approach  at  a  distance  greater  than  seventy-five  feet  from  the 
exterior  line  or  side  of  the  street  of  the  route.  The  word  "street," 
wherever  used  herein,  shall  include  an  avenue,  park,  or  public 
place. 

The  general  mode  of  operation  shall  be  by  electricity  or  some 
other  power  not  requiring  combustion  within  the  tunnels,  and  the 
motors  shall  be  capable  of  moving  trains  at  a  speed  of  not  less  than 
forty  miles  per  hour,  exclusive  of  stops.  The  manner  of  construc- 
tion shall  be  by  tunneling  or  open  excavation. 


130 


Sclicdnlc  of  Securities 
Schedule  of  Securities  No.  i  (in  Lieu  of  One  Million  Dollars). 

This  schedule  gives  a  full  description  of  the  securities  or  the 
securities  and  cash  of  the  value  of  One  million  dollars  ($1,000,- 
ooo)  which  the  Contractor  agrees  to  deposit  pursuant  to  the  fore- 
going Contract.  The  securities  when  delivered  must  be  payable 
to,  or  run  in  favor  of,  or  be  transferred  to,  the  Comptroller  of  the 
City  of  New  York.  In  case  of  bonds  the  numbers  are  given.  In 
case  of  shares  of  stock  or  debentures  the  dates  and  numbers  of 
the  certificate  are  given. 


Approved  by  the  Board  of  Rapid  Transit  Railroad  Commis- 
sioners by  Resolution  adopted  the  day  of 

President. 
Secretary 


'.V 


Schedule  of  Securities 

Schedule  of  Securities  No.  II  (for  Continuing  Deposit). 

This  schedule  gives  a  full  description  of  the  securities  or  the 
securities  and  cash  of  the  value  of  One  million  dollars  ($1,000,- 
ooo)  which  the  Contractor  agrees  to  deposit  pursuant  to  the  fore- 
going Contract.  The  securities  when  delivered  must  be  payable 
to,  or  run  in  favor  of,  or  be  transferred  to,  the  Comptroller  of  the 
City  of  New  York.  In  case  of  bonds  the  numbers  are  given.  In 
case  of  shares  of  stock  or  debentures  the  dates  and  numbers  of 
the  certificate  are  given. 

$203,000  Corporate  Stock  of  the  City  of  New  York  for  New 
East  River  Bridge  3l/>%  Gold,  Tax  Exempt,  Regis- 
tered, due  November  i,  1929,  int.  May  and  November, 
Nos.  144  and  145,  of  $100,000  each. 

$200,000  Corporate  Stock  of  the  City  of  New  York,  for  Docks 
and  Ferries,  3l/>%  Gold,  Tax  Exempt,  Registered,  due 
November  i,  1929,  int.  May  and  November,  Nos.  34 
and  35,  of  $100,000  each. 

$200,000  Consolidated  Stock  of  the  City  of  New  York  for  re- 
demption of  Bonds  and  Stocks  maturing  in  the  year 
1896,  3l/2%  Gold,  Tax  Exempt,  Registered,  due  Nov.  i, 
1922,  interest  payable  May  and  November. 

$200,000  -Additional  Water  Stock  of  the  City  of  New  York,  Tax 
Exempt,  3%  Gold,  due  October  i,  1905,  interest  pay- 
able April  and  October. 

$142,000  Additional  Water  Stock  of  the  City  of  New  York,  Tax 
Exempt,  3%  Gold,  due  Oct.  i,  1907,  interest  payable 
April  and  October. 

$58,000  Consolidated  Stock  of  the  City  of  New  York,  Bridge 
over  the  Harlem  River,  Tax  Exempt,  Gold  3%,  due 
November  i,  1907,  interest  payable  May  and  Novem- 
ber. 

Approved  by  the  Board  of  Rapid  Transit  Railroad  Commis- 
sioners by  Resolution  adopted  the  nth  day  of  September,  1902. 

A.  E.  ORR, 

President. 


[SEAL  OF  THE  BOARD.] 


BION  L.  BURROWS, 

Secretary. 


132 


Bond 


Bond. 

Know  all   Men   by   these   Presents    that  Rapid 

Transit  Subway  Construction  Company,  a  corporation  organized 
under  the  laws  of  the  State  of  New  York  of  the  City  of  New 
York,  hereinafter  called  the  Contractor  and 

and 

hereinafter  called  the  Sureties,  are  held  and  firmly  bound 
jointly  and  severally  unto  the  City  of  New  York,  hereinafter 
called  the  City,  in  the  penal  sum  of  One  Million  dollars 
($i,ooo;ooo)  lawful  money  of  the  United  States  of  America,  to 
be  paid  to  the  City,  for  which  payment  well  and  truly  to  be  made 
the  Contractor  and  the  Sureties  do  hereby  bind  themselves  and 
their  successors  and  assigns  and  each  of  their  successors  and 
assigns  jointly  and  severally,  firmly  by  these  presents. 

In   witness   Whereof       the  Contractor  and  the  Sureties 
have  hereunto  caused  their  hands  and  seals  to  be  set  this 
day  of  ,  1902. 

Whereas,  the  City,  by  its  Board  of  Rapid  Transit  Railroad 
Commissioners  (hereinafter  called  the  Board)  is  about  to  enter 
into  a  contract  with  the  Contractor  bearing  even  date  herewith  for 
the  construction  and  equipment,  and,  after  such  construction  and 
equipment  shall  be  complete,  then  for  the  lease  and  operation,  of 
the  rapid  transit  railroad  in  the  City  of  New  York  more  particu- 
larly described  in  the  said  contract;  and 

Whereas  the  City  is  about  to  enter  into  such  contract  with  the 
Contractor  upon  the  condition  that  this  Bond  shall  be  given  to 
the  City,  and  upon  the  faith  thereof, — 

NOW,  therefore,  the  condition  of  the  foregoing  obliga- 
tion is  such  that,  if  the  Contractor  shall  promptly  pay  the  amount 
of  the  annual  rental  specified  in  the  lease  included  in  said  con- 
tract and  shall  also  faithfully  perform  all  the  conditions,  covenants 
and  requirements  in  the  said  entire  contract  specified,  and  in  case 

133 


Bond 

of  the  default  on  the  part  of  the  Contractor  as  provided  in  section 
34  of  the  rapid  transit  act  the  Contractor  shall  pay  the  amount 
of  the  deficiency  therein  mentioned, — then  this  obligation  shall  be 
null  and  void,  but  else  it  shall  remain  in  full  force  and  virtue. 

It  is  expressly  agreed  between  the  City  and  the  Sureties,  and 
it  is  upon  such  agreement  that  the  City  accepts  this  Bond,  that  the 
Sureties  will  and  do  waive  any  and  every  notice  of  default  on  the 
part  of  the  Contractor ;  that  they  will  and  do  permit  the  City  to 
extend  the  time  of  the  Contractor  to  make  any  payment  or  do  any 
act;  that  no  omission  on  the  part  of  the  City  to  give  any  notice 
or  extension  of  time  granted  by  or  on  behalf  of  the  City,  shall  be 
availed  of  by  the  Sureties  or  either,  of  them  as  a  defence  upon  this 
Bond ;  that  the  Sureties  shall  not  set  up  or  have  any  defence  upon 
this  Bond  by  reason  of  any  alteration  of  the  said  contract  unless 
such  alteration  shall  be  represented  by  a  formal  written  instru- 
ment duly  executed  between  the  City  and  the  Contractor  which 
shall  have  been  duly  authorized  by  a  vote  of  the  Board,  and  that 
in  case  of  such  alteration,  however  made,  the  same  shall  be  a 
defence  to  the  Sureties  only  to  the  extent  of  the  actual  injury  or 
damage  caused  to  the  Sureties  by  such  alteration.  It  is  expressly 
agreed  between  the  City  and  the  Sureties  that  the  Sureties  hereby 
assume  all  the  obligations  prescribed  for  sureties  upon  bonds  like 
this  by  chapter  4  of  the  laws  of  1891,  and  the  various  acts  amenda- 
tory thereof  (all  such  acts  together  being  known  as  the  Rapid 
Transit  Act).  This  Bond  shall  be  a  continuing  security  to  the 
City  of  New  York  for  the  entire  term  of  thirty-five  (35)  years 
after  the  complete  construction  and  equipment  of  the  rapid  transit 
railroad  as  prescribed  in  the  said  contract  and  the  declaration  of 
the  Board  that  the  said  railroad  and  its  equipment  ar-e  so  complete, 
and  for  the  term  of  any  renewal  thereof. 

And  whereas,  The  Contractor  has  deposited  with  the  City  the 
sum  of  One  Million  Dollars  ($1,000,000)  in  cash  or  securities  ap- 
proved by  the  Board  as  security  for  the  performance  by  the  Con- 
tractor of  some  of  the  acts  and  things,  the  performance  of  which 
is  secured  hereby; 

Now,  therefore,  it  is  further  expressly  agreed  between  the  City 
and  the  Sureties  that  the  City  shall  be  at  liberty  in  case  of  an\ 
default  by  the  Contractor  against  which  this  Bond  is  given  as 


134 


Bond 

security,  to  collect  the  loss  or  damage  to  the  City  caused  thereby 
either  from  the  Sureties  on  this  Bond  or  out  of  the  said  deposit  or 
out  of  all  such  securities  as  the  City  may  elect. 

NOTE. — The  execution  of  the  bond  should  be  duly  proved  in  the 
form  essential  to  proof  to  entitle  a  deed  to  record  in  the  State  of 
New  York.  Full  affidavits  of  justification  of  sureties  should  be 
added. 


135 


THE    CITY    OF    NEW    YORK, 

BY  ITS  RAPID  TRANSIT  BOARD, 


RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY, 

CONTRACTOR, 
AND 

INTERBOROUGH  RAPID  TRANSIT  COMPANY 

Contract  J£ix  2. 


AGREEMENT 

MODIFYING  CONTRACT  FOR  CONSTRUCTION  AND  OPERATION  OF 
RAPID  TRANSIT  RAILROAD. 

PASSENGER  TRAFFIC  AGREEMENT. 


Dated,  September  11,  1902. 


PASSENGER    TRAFFIC    AGREEMENT 

THIS  AGREEMENT  made  this  nth  day  of  September,  1902,  be- 
tween INTERBOROUGH  RAPID  TRANSIT  COMPANY,,  a  corporation 
duly  organized  and  existing  under  the  laws  of  the  State  of  New 
York  (hereinafter  called  "Interborough  Company"),  party  of  the 
first  part;  RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY,  a 
corporation  likewise  organized  and  existing  (hereinafter  called 
the  "Construction  Company"),  party  of  the  second  part;  and  THE 
CITY  OF  NEW  YORK  (hereinafter  called  the  "City"), 'acting  by  its 
Board  of  Rapid  Transit  Railroad  Commissioners,  party  of  the 
third  part.  WITNESSETH  : 

WHEREAS  John  B.  McDonald  heretofore  entered  into  a  contract 
with  the  City  of  New  York  bearing  date  the  2ist  day  of  Febru- 
ary, 1900,  for  the  construction,  equipment  and  operation  of  a  rapid 
transit  railroad  in  the  City  of  New  York  now  called  the  Manhat- 
tan-Bronx Rapid  Transit  Railroad,  which  contract  was  thereafter 
modified  by  certain  agreements  supplemental  thereto  and  amenda- 
tory thereof;  and 

WHEREAS  subsequently  the  said  John  B.  McDonald  duly  as- 
signed to  the  Interborough  Company  so  much  of  said  contract  as 
provided  for  the  maintenance  and  operation  of  the  railway  there- 
in described,  and  the  Interborough  Company  is  the  owner  of  the 
leasehold  interest  in  such  railroad  for  the  period  of  the  lease  in- 
cluded in  the  said  contract  of  2ist  February,  1900;  and 

WHEREAS  the  Construction  Company  has  entered  into  a  con- 
tract with  the  City  of  New  York  for  the  construction,  equipment 
and  operation  of  a  rapid  transit  railroad  called  the  Brooklyn-Man- 
hattan Rapid  Transit  Railroad,  which  will  connect  with  the  said 
Manhattan-Bronx  Rapid  Transit  Railroad  at  or  near  the  City 
Hall  in  the  Borough  of  Manhattan  and  will  thence  extend  to  a 
point  at  or  near  South  Ferry  in  the  said  Borough  and  thence 
under  the  East  River  into  and  in  the  Borough  of  Brooklyn  upon 
certain  routes  described  in  the  said  contract,  which  contract  con- 
tains a  lease  of  the  said  Brooklyn-Manhattan  Rapid  Transit  Rail- 
road to  the  Construction  Company  for  the  period  of  thirty-five 


Passenger  Traffic  Agreement 

years  from  the  date  of  the  completion  of  the  said  railroad,  together 
with  a  right  to  a  renewal  of  the  said  lease  for  a  further  term  of 
twenty-five  years ;  and 

WHEREAS  it  is  provided  in  the  said  contract  last  mentioned 
and  in  the  proposal  made  by  the  Construction  Company  to  the  said 
City  upon  the  competition  for  the  said  contract  as  part  of  the 
consideration  to  the  said  City  for  the  making  of  the  said  contract 
with  the  Construction  Company  that  this  present  passenger  traffic 
agreement  should  be  entered  into  between  the  parties  hereto; 

NOW,  THEREFORE,  IT  IS  AGREED  AS  FOLLOWS  : 

FIRST:  That  during  the  said  term  of  thirty-five  years  of  the 
lease  included  in  the  said  contract  between  the  said  City  and  the 
said  Construction  Company,  and  the  term  of  any  and  every  re- 
newal thereof,  the  Interborough  Company  will  provide  for  every 
passenger  over  the  said  Brooklyn-Manhattan  Rapid  Transit  Rail- 
road or  any  part  thereof  who  shall  desire  the  same  transportation 
over  all  lines  owned  or  leased  by  the  Interborough  Company  with- 
out change  of  cars  and  for  a  single  fare  not  exceeding  five  cents 
for  one  continuous  trip,  but  subject  to  the  provisions  of  the  next 
article. 

SECOND:  In  case  the  Construction  Company  shall  enter  into 
an  agreement  with  any  railroad  company  owning  a  line  connect- 
ing with  any  line  of  the  Construction  Company  whereby  the  Con- 
struction Company  shall  agree  to  carry  each  passenger  received 
from  or  to  be  delivered  to  such  connecting  line  over  the  lines  of 
such  Construction  Company  without  change  of  cars  for  a  single 
fare,  of  which,  under  the  said  agreement,  the  Construction  Com- 
pany shall  receive  less  than  five  cents,  then  and  in  such  case  the 
Interborough  Company  will  carry  such  passenger  without  change 
of  cars  and  without  further  charge  to  the  passenger  and  upon  a 
continuous  trip  upon  the  lines  of  its  railroad,  but  not  to  a  point 
north  of  Fifty-ninth  Street  in  the  Borough  of  Manhattan. 

IN  WITNESS  WHEREOF  the  parties  of  the  first  and  second  parts 
have  caused  these  presents  to  be  executed  by  their  proper  officers 
under  their  respective  corporate  seals,  and  the  City  of  New  York 
has  caused  these  presents  to  be  executed  by  its  Board  of  Rapid 
Transit  Railroad  Commissioners,  executing  the  same  by  the  Presi- 

140 


Passenger  Traffic  Agreement 

dent  and  Secretary  of  the  said  Board  under  the  seal  of  the  said 
Board,  the  day  and  year  aforesaid. 

INTERBOROUGH  RAPID  TRANSIT  CO., 

[CORPORATE  SEAL.]  By  E.  P.  BRYAN, 

Vice-Prest. 
ATTEST: 

FREDERICK  EVANS, 

Secretary. 

BOARD  OF  RAPID  TRANSIT  RAILROAD   COM- 
MISSIONERS FOR  THE  CITY  OF  NEW  YORK, 

[SEAL  OF  THE  BOARD.]  By  A.  E.  ORR, 

President. 
ATTEST  : 

BION  L.  BURROWS, 

Secretary. 

RAPID  TRANSIT  SUBWAY  CONSTRUCTION  CO., 

By  W.  G.  OAK  MAN, 

[CORPORATE  SEAL.]  Vice-Prest. 

AUGUST  BELMONT, 

President. 
ATTEST: 
FREDERICK  EVANS, 

Secretary 


141 


Passenger  Traffic  Agreement 

STATE  OF  NEW  YORK.  ) 

ss  * 
COUNTY  OF  NEW  YORK;J 

On  this  25th  day  of  September,  in  the  year  1902,  before  me  per- 
sonally came  E.  P.  BRYAN,  to  me  known,  who  being  by  me  duly 
sworn,  did  depose  and  say,  that  he  resided  in  the  Borough  of  Man- 
hattan and  City  of  New  York ;  that  he  is  the  Vice-President  of  the 
INTERBOROUGH  RAPID  TRANSIT  COMPANY,  the  Corporation  de- 
scribed in,  and  which  executed  the  above  instrument,  that  he  knew 
the  seal  of  said  corporation,  that  the  seal  affixed  to  said  instru- 
ment was  such  corporate  seal,  that  it  was  so  affixed  by  order  of 
the  Board  of  Directors  of  said  Corporation,  and  that  he  signed  his 
name  thereto  by  like  order. 

A.  W.  ANDREWS  (36), 

[NOTARIAL  SEAL.]  Notary  Public, 

N.  Y.  Co. 

STATE  OF  NEW  YORK.  ) 

ss  ° 
COUNTY  OF  NEW  YORK,J 

On  this  25th  day  of  September,  in  the  year  1902,  before  me' 
personally  came  AUGUST  BELMONT,  to  me  known,  who  being  by 
me  duly  sworn,  did  depose  and  say,  that  he  resided  in  the  County 
of  Nassau  in  the  State  of  New  York,  that  he  is  the  President  of 
the  RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY,  the  Cor- 
poration described  in,  and  which  executed  the  above  instrument, 
that  he  knew  the  seal  of  said  Corporation,  that  the  seal  affixed  to 
said  instrument  was  such  corporate  seal,  that  it  was  so  affixed 
by  order  of  the  Board  of  Directors  of  said  Corporation,  and  that  he 
signed  his  name  thereto  by  like  order. 

A.  W.  ANDREWS  (36), 
Notary  Public, 

N.  Y.  Co. 

STATE  OF  NEW  YORK.  1 

ss  ' 
COUNTY  OF  NEW  YORK.J 

On  this  27th  day  of  September,  1902,  at  the  City  of  New  York, 
in  said  County,  before  me  personally  appeared  ALEXANDER  E. 
ORR  and  BION  L.  BURROWS,  to  me  known  and  known  to  me  to  be, 
the  said  Alexander  E.  Orr,  the  President,  and  the  said  Bion  L. 


142 


Passenger  Traffic  Agreement 

Burrows,  the  Secretary,  of  the  Board  of  Rapid  Transit  Railroad 
Commissioners  for  the  City  of  New  York ;  and  the  said  Alexander 
E.  Orr  and  Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose 
and  say,  each  for  himself  and  not  one  for  the  other,  the  said  Alex- 
ander E.  Orr,  that  he  resided  in  the  Borough  of  Brooklyn,  in  the 
said  City,  that  he  was  the  president  of  the  said  Board  and  that  he 
subscribed  his  name  to  the  foregoing  contract  by  virtue  of  the 
authority  thereof;  and  the  said  Bion  L.  Burrows,  that  he  resided 
in  the  Borough  of  Manhattan,  in  the  said  City  of  New  York,  that 
he  was  the  secretary  of  the  said  Board  and  that  he  subscribed  his 
name  thereto  by  like  authority;  and  both  the  said  Alexander  E. 
Orr  and  Bion  L.  Burrows  that  they  knew  the  seal  of  the  said 
Board  and  that  the  same  was  affixed  to  the  foregoing  instrument 
by  the  authority  of  the  said  Board  and  of  a  resolution  duly  adopted 
by  the  same. 

SEYMOUR  K.   FULLER, 
[NOTARIAL  SEAL.]  Notary  Public,  Kings  Co. 

Cert,  filed  in  New  York  Co. 


143 


THE    CITY    OF    NEW    YORK, 

BY    ITS    RAPID    TRANSIT    BOARD. 
WITH 

RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY, 

CONTRACTOR. 


Contract     o.  2. 


AGREEMENT 


MODIFYING    CONTRACT   FOR   CONSTRUCTION    AND    OPERATION   OF 
RAPID   TRANSIT    RAILROAD. 

SUBSTITUTION  OF  CONTINUING  BOND  FOR 
CONTRACTOR'S  DEPOSIT. 


Dated,  December  23,  1904. 


CONTINUING    BOND 

AGREEMENT  made  this  23rd  day  of  December,  in  the  year 
Nineteen  hundred  and  four,  between  THE  CITY  OF  NEW  YORK 
(hereinafter  called  the  City),  acting  by  the  Board  of  Rapid  Tran- 
sit Railroad  Commissioners  for  the  City  of  New  York  (herein- 
after called  the  Board),  party  of  the  first  part,  and  RAPID  TRAN- 
SIT SUBWAY  CONSTRUCTION  COMPANY  (hereinafter  called  the 
Contractor),  party  of  the  second  part,  WITNESSETH  : 

WHEREAS,  Heretofore  and  on  or  about  the  2ist  day  of  July, 
1902,  the  City,  acting  by  the  Board,  entered  into  a  contract  with 
the  Contractor  for  the  construction  and  operation  of  the  Rapid 
Transit  Railroad  in  the  City  of  New  York  and  otherwise,  as 
therein  mentioned,  the  said  contract  being  hereinafter  styled  the 
Contract  for  Construction  and  Operation ;  and 

WHEREAS,  Upon  entering  into  said  Contract  for  Construction 
and  Operation,  the  Contractor  deposited  with  the  City  the  sum 
of  One  million  dollars  ($1,000,000)  in  cash  as  security  for  Con- 
struction and  Operation,  and  also  deposited  with  the  City  certain 
securities  of  the  value  of  more  than  One  million  dollars  ($1,000,- 
ooo)  as  a  continuing  deposit  to  secure  the  payment  of  rent  under 
the  lease  part  of  said  Contract,  and  also  for  the  faithful  perform- 
ance by  the  Contractor  of  all  the  covenants,  conditions  and  re- 
quirements specified  and  provided  for  in  said  Contract ;  and 

WHEREAS,  The  Contractor  desires  to  substitute  a  continuing 
bond  with  sureties  for  the  said  continuing  deposit  of  securities, 
and  the  Board  approves  of  such  substitution : 

Now,  THEREFORE,  in  consideration  of  the  premises,  it  is 
AGREED  that  the  said  Contract  for  Construction  and  Operation 
be,  and  the  same  hereby  is,  modified  so  as  to  provide  that  upon 
the  receipt  by  the  City,  acting  by  the  Board,  from  the  Contractor 
of  the  bond  as  hereinafter  mentioned,  it  may  consent  to  the  sur- 
render to  the  Contractor  of  the  securities  amounting  in  value  to 
at  least  One  million  dollars  ($1,000,000),  deposited  as  a  continu- 
ing deposit  aforesaid, — PROVIDED,  however,  and  it  is  expressly 
agreed  that  this  agreement  shall  take  effect  when,  and  only  when, 
the  Contractor  shall  give  to  the  City  in  lieu  of  the  said  securities 
amounting  in  value  to  at  least  One  million  dollars  ($1,000,000) 
so  to  be  surrendered  a  bond  in  the  amount  of  One  million  dollars 


147 


Continuing  Bond 

($1,000,000),  upon  which  the  said  Contractor  shall  be  principal, 
with  sureties  approved  by  the  Board.  Said  bond  shall  be  a  con- 
tinuing security  and  shall  provide  for  the  prompt  payment  by 
the  said  Contractor  of  the  amount  of  the  annual  rental  specified 
in  the  Contract  for  Construction  and  Operation  and  also  for  the 
faithful  performance  by  the  Contractor  of  all  the  conditions, 
covenants  and  requirements  specified  and  provided  for  in  said 
contract.  The  said  bond  shall,  except  as  to  names  of  the  sureties, 
be  substantially  in  the  form  hereto  annexed,  entitled  "  Form  of 
Bond." 

AND  IT  is  FURTHER  AGREED,  that  the  said  Contract 
for  Construction  and  Operation  be  and  the  same  hereby  is  mod- 
ified so  as  to  provide  that  the  Board  may,  in  case  of  any  of  the 
sureties  upon  the  said  bond  so  to  be  given  or  upon  any  bond  to 
be  given  in  lieu  thereof  as  hereinafter  provided  shall  become  in- 
solvent or  unable,  in  the  opinion  of  the  Board,  promptly  to  pay 
the  amount  of  such  bond  to  the  extent  of  which  such  surety  might 
be  liable,  then  the  Contractor,  within  thirty  days  after  notice  by 
the  Board  to  the  Contractor,  shall,  by  supplemental  bond  or  other- 
wise, substitute  another  and  sufficient  surety  in  place  of  the  surety 
so  insolvent  or  unable.  If  the  Contractor  shall  fail  within  such 
thirty  days  or  such  further  time  as  the  Board  may  grant  to  so 
substitute  another  and  sufficient  surety,  then  the  Contractor 
shall  be'  deemed,  for  all  the  purposes  of  the  Contract  for  Con- 
struction and  Operation  and  its  modifications,  to  be  in  default  in 
the  performance  of  his  or  its  obligations  thereunder,  and  the 
Board  may  terminate  the  said  Contract,  or  may  bring  any  proper 
suit  or  proceeding  against  the  Contractor  or  any  of  the  sureties 
or  either  of  them,  or  may  require  to  be  deducted  from  any  moneys 
then  in  or  thereafter  coming  into  the  hands  of  the  City  and  due 
to  the  Contractor  the  amount  for  which  the  surety  insolvent  or 
unable  as  aforesaid  shall  have  justified  on  said  bond;  and  the 
moneys  so  deducted  shall  be  held  by  the  Comptroller  as  collateral 
security  for  the  performance  of  the  conditions  of  the  said  bond. 

AND  IT  is  FURTHER  AGREED,  that  the  said  Contract  for 
Construction  and  Operation  and  the  said  Agreement  for  Modifica- 
tion of  Contract  be  and  they  hereby  are  modified  so  as  to  provide 
that  the  Board  may,  at  the  request  of  the  Contractor,  and  as  al- 
lowed by  law,  substitute  for  any  continuing  bond  or  deposit  given 

148 


Continuing  Bond 

or  made  by  the  Contractor  another  bond  or  deposit  to  be  approved 
by  the  Board,  which  said  bond  or  deposit  shall  continue  in  lieu 
of  said  former  bond  or  deposit. 

IN  WITNESS  WHEREOF,  This  contract  has  been  executed 
for  the  City  of  New  York  by  its  Board  of  Rapid  Transit  Railroad 
Commissioners,  under  and  by  resolution  duly  adopted  by  said 
Board,  concurred  in  by  more  than  six  of  its  members,'  and  the  seal 
of  the  said  Board  has  been  hereto  affixed  and  these  presents 
signed  by  the  President  and  Secretary  of  the  said  Board,  and  the 
said  Rapid  Transit  Subway  Construction  Company  has  caused 
its  corporate  seal  to  be  hereto  affixed  and  attested  by  its  Secretary 
and  these  presents  to  be  signed  by  its  President,  all  the  day  and 
year  first  above  written. 

RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY, 

[CORPORATE  SEAL.]  By  AUGUST  BELMONT, 

President. 
Attest : 

H.  M.  FISHER, 

Secretary. 

BOARD  OF  RAPID  TRANSIT  RAILROAD  COMMISSIONERS  FOR 
THE  CITY  OF  NEW  YORK, 

[SEAL  OF  THE  BOARD.] 

By  A.  E.  ORR, 

President. 
Attest : 

BION  L.  BURROWS, 

Secretary. 


149 


Continuing  Bond 

APPROVAL  BY  COMPTROLLER. 

THE    FOREGOING     CONTRACT    IS    HEREBY    AP- 
PROVED. 

Dated  New  York,  December        ,  1904. 

EDWARD  M.  GROUT, 

Comptroller. 

APPROVAL  BY  CORPORATION  COUNSEL. 

THE  FOREGOING  CONTRACT  IS  HEREBY  AP- 
PROVED AS  TO  FORM. 

Dated  New  York,  December        ,  1904. 

JOHN  J.  DELANY, 
Corporation  Counsel. 


150 


Continuing  Bond 

STATE  OF  NEW  YORK.  1 

ss ' 
COUNTY  OF  NEW  YORK,J 

On  this  26th  day  of  January,  1905,  at  the  City  of  New  York, 
in  said  County,  before  me  personally  appeared  Alexander  E.  Orr 
and  Bion  L.  Burrows,  to  me  known  and  known  to  me  to  be  the 
said  Alexander  E.  Orr,  the  President,  and  the  said  Bion  L.  Bur- 
rows, the  Secretary  of  the  Board  of  Rapid  Transit  Railroad  Com- 
missioners for  the  City  of  New  York;  and  the  said  Alexander 
E.  Orr  and  Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose 
and  say,  each  for  himself  and  not  one  for  the  other,  the  said 
Alexander  E.  Orr,  that  he  resided  in  the  Borough  of  Brooklyn, 
in  the  said  City,  that  he  was  the  President  of  the  said  Board  and 
that  he  subscribed  his  name  to  the  foregoing  contract  by  virtue 
of  the  authority  thereof;  and  the  said  Bion  L.  Burrows,  that  he 
resided  in  the  Borough  of  Brooklyn,  in  the  said  City  of  New 
York;  that  he  was  the  Secretary  of  the  said  Board  and  that  he 
subscribed  his  name  thereto  by  like  authority;  and  both  the  said 
Alexander  E.  Orr  and  Bion  L.  Burrows  that  they  knew  the  seal 
of  the  said  Board,  that  one  of  the  seals  affixed  to  the  foregoing 
instrument  was  such  seal,  and  that  the  same  was  so  affixed  by  the 
authority  of  the  said  Board  and  of  a  resolution  duly  adopted  by 
the  same. 

H.  A.  D.  HOLLMANN, 
Notary  Public  for  Kings  County,  N.  Y. 
Certificate  filed  in  New  York  County. 
[NOTARIAL  SEAL.] 


STATE  OF  NEW  YORK,  1 

ss  ° 
COUNTY  OF  NEW  YORK,J 

On  this  23d  day  of  January,  1905,  before  me  personally  ap- 
peared August  Belmont,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say,  that  he  resided  in  the  County  of 
Nassau,  in  the  State  of  New  York,  that  he  is  President  of  Rapid 
Transit  Subway  Construction  Company,  the  corporation  described 
in  and  which  executed  the  foregoing  contract;  that  he  knew  the 
corporate  seal  of  said  Company;  that  one  of  the  seals  affixed  to 


Continuing  Boivd 

said  contract  was  such  corporate  seal;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  said  Company,  and  that 
he  signed  his  name  thereto  by  like  authority. 

CHAS.  W.  SANDF'ORD, 

[NOTARIAL  SEAL.]  Notary  Public  No.  18,  Kings  County. 

Certificate  filed  in  New  York  County. 


152 


Continuing  Bond 


FORM  OF  BOND. 

KNOW  ALL  MEN  BY  THESE  PRESENTS,  That  RAPID  TRANSIT 
SUBWAY  CONSTRUCTION  COMPANY  (hereinafter  called  the  Prin- 
cipal) and  the  FIDELITY  AND  DEPOSIT  COMPANY  OF  MARYLAND 
and  UNITED  STATES  FIDELITY  AND  GUARANTY  COMPANY,  both 
corporations  of  the  State  of  Maryland,  carrying  on  business  in 
the  State  of  New  York,  and  having  their  respective  offices  and 
usual  places  of  business  at  No.  35  Wall  Street  and  66  Liberty 
Street,  in  the  City  of  New  York,  THE  NATIONAL  SURETY  COM- 
PANY, a  corporation  of  the  State  of  New  York,  having  its  principal 
office  at  346  Broadway,  in  the  City  of  New  York,  THE  ^ETNA 
INDEMNITY  COMPANY,  a  corporation  of  the  State  of  Connecticut, 
carrying  on  business  in  the  State  of  New  York  and  having  its 
office  and  usual  place  of  business  at  No.  68  William  Street,  in  the 
City  of  New  York,  and  the  EMPIRE  STATE  SURETY  COMPANY,  a 
corporation  of  the  State  of  New  York,  having  its  principal  office 
at  No.  156  Broadway,  in  the  City  of  New  York  [hereinafter 
called  the  Sureties],  are  held  and  firmly  bound  unto  the  CITY  OF 
NEW  YORK  [hereinafter  called  the  City]  in  the  penal  sum  of  One 
million  dollars  ($1,000,000),  lawful  money  of  the  United  States 
of  America,  to  be  paid  to  the  City,  for  which  payment  well  and 
truly  to  be  made  the  said  Principal,  and  the  said  Sureties  bind 
themselves,  their  successors  and  assigns,  jointly  and  severally, 
firmly  by  these  presents,  as  follows : 

The  said  Principal  to  be  so  held  and  bound  in  the  full  amount 
of  the  said  One  million  dollars  ($1,000,000)  and  each  of  the  said 
Sureties  to  be  so  held  and  bound  and  bound  only,  as  follows,  that 
is  to  say :  The  said  Fidelity  and  Deposit  Company  of  Maryland,  in 
the  sum  of  Two  hundred  and  fifty  thousand  dollars  ($250,000)  ; 
the  United  States  Fidelity  and  Guaranty  Company  in  the  sum  of 
Two  hundred  and  fifty  thousand  dollars  ($250,000)  ;  the  National 
Surety  Company  in  the  sum  of  Two  hundred  and  fifty  thousand 
dollars  ($250,000)  ;  the  ^Etna  Indemnity  Company  in  the  sum  of 
One  hundred  thousand  dollars  ($100,000),  and  the  Empire  State 
Surety  Company  in  the  sum  of  One  hundred  and  fifty  thousand 
dollars  ($150,000). 

153 


Continuing  Bond 

IN  WITNESS  WHEREOF,  the  Principal  and  the  Sureties  have 
caused  these  presents  to  be  duly  executed  by  their  respective  of- 
ficers thereunto  duly  authorized  and  their  respective  corporate 
seals  to  be  hereunto  affixed  this  day  of 

in  the  year  of  our  Lord  one  thousand  nine  hundred  and 

WHEREAS,  the  City,  by  its  Board  of  Rapid  Transit  Railroad 
Commissioners  (hereinafter  called  the  Board)  heretofore  entered 
into  a  contract  with  the  Principal,  bearing  date  the  2ist  day  of 
July,  1902,  for  the  construction  and  equipment,  and  after  such 
construction  and  equipment  shall  be  complete,  then  for  the  lease 
and  operation  of  the  Rapid  Transit  Railroad  in  the  City  of  New 
York,  particularly  described  in  said  contract ;  and 

WHEREAS,  upon  entering  into  such  contract  the  said  principal 
deposited  with  the  City  as  a  continuing  deposit  certain  securities 
of  the  value  of  more  than  one  million  dollars  ($1,000,000)  ;  and 

WHEREAS,  the  said  contract,  by  agreement  between  the  City 
acting  by  the  Board  and  the  said  Rapid  Transit  Subway  Con- 
struction Company,  dated  the  day  of  December,  1904,  has 
been  modified  so  as  to  provide  that  the  City  by  the  Board  may 
surrender  to  the  Contractor  the  securities,  amounting  in  value  to 
at  least  One  million  dollars  ($1,000,000),  deposited  as  aforesaid 
and  to  accept  this  bond  in  lieu  of  such  original  bond  and  of  such 
securities ;  and 

WHEREAS,  the  City,  by  the  Board,  has  accordingly  consented 
so  to  surrender  the  said  securities,  amounting  in  value  to  at  least 
One  million  dollars  ($1,000,000)  'deposited  as  aforesaid,  and  to 
accept  this  bond,  in  lieu  of  said  securities ;  and 

WHEREAS,  such  consent  has  been  given,  and  such  surrender  of 
securities  will  be  made,  upon  and  only  upon  the  faith  and  security 
of  this  bond; 

Now,  THEREFORE,  the  condition  of  this  obligation  is  such  that 
if  the  above-bounden  principal  shall  promptly  pay  the  amount  of 
the  annual  rental  specified  in  said  contract  and  shall  also  faith- 
fully perform  all  the  conditions,  covenants  and  requirements 
therein  and  in  any  modifications  thereof,  specified  and  provided, 
and  in  case  of  default  on  the  part  of  the  principal,  as  provided  in 
Section  34  of  the  Rapid  Transit  Act,  the  principal  shall  pay  the 
amount  of  the  deficiency  therein  mentioned,  then  this  obligation 
shall  be  null  and  void,  but  else  it  shall  remain  in  full  force  and 
virtue. 


154. 


Continuing  Bond 

IT  is  EXPRESSLY  AGREED  between  the  City  and  the  Sureties, 
and  it  is  upon  such  agreement  that  the  City  accepts  this  bond,  that 
the  Sureties  will  and  do  waive  any  and  every  notice  of  default  on 
the  part  of  the  principal;  that  they  will  and  do  permit  the  City 
to  extend  the  time  of  the  principal  to  make  any  payment  or  do 
any  act;  that  no  omission  on  the  part  of  the  City  to  give  any 
notice  or  extension  of  time  granted  by  or  on  behalf  of  the  City 
shall  be  availed  of  by  the  Sureties  as  a  defense  upon  this  bond; 
that  the  Sureties  shall  not  set  up  or  have  any  defense  upon  this 
bond  by  reason  of  any  alteration  of  the  said  contract  heretofore 
made ;  that  the  Sureties  shall  not  set  up  or  have  any  defense  upon 
this  bond  by  reason  of  any  alteration  of  the  said  contract  here- 
after made,  unless  such  alteration  shall  be  represented  by  formal 
written  instrument,  duly  executed,  between  the  City  and  the  prin- 
cipal, which  shall  have  been  duly  authorized  by  a  vote  of  the 
Board;  and  that  in  case  of  any  such  future  alterations,  however 
made,  the  same  shall  be  a  defense  to  the  Sureties  only  to  the  ex- 
tent of  the  actual  injury  or  damage  caused  to  the  Sureties  by  said 
alteration. 

IT  is  EXPRESSLY  AGREED  between  the  City  and  the  Sureties 
that  the  Sureties  hereby  assume  all  the  obligations  prescribed  for 
sureties  upon  bonds  like  this  by  Chapter  4  of  the  Laws  of  1891 
and  the  various  acts  amendatory  thereof  (all  such  acts  together 
being  known  as  the  "Rapid  Transit  Act"). 

THIS  BOND  shall  be  a  continuing  security  to  The  City  of  New 
York  for  the  entire  term  of  thirty-five  (35)  years  after  the  com- 
plete construction  and  equipment  of  the  Rapid  Transit  Railroad, 
as  prescribed  in  the  said  contract  and  the  several  modifications 
thereof,  and  the  declaration  of  the  Board  that  the  said  Railroad 
and  its  equipment  are  so  complete. 

AND  WHEREAS,  the  principal  also  deposited  with  the  City,  be- 
sides the  securities  above  mentioned,  the  sum  of  One  million  dol- 
lars ($1,000,000)  in  cash  as  security  for  the  performance  by  the 
said  principal  of  some  of  the  acts  and  things  the  performance  of 
which  is  secured  hereby. 

Now,  THEREFORE,  it  is  further  expressly  agreed  between  the 
City  and  the  Sureties  that  the  City  shall  be  at  liberty,  in  case  of 
any  default  by  the  principal,  against  which  this  bond  is  given  as 
security,  to  collect  the  loss  or  damage  to  the  City  caused  thereby 

i.S5 


Continuing  Bond 

either  from  the  Sureties  on  this  bond  or  the  sureties  on  such  other 
bond  or  bonds,  or  out  of  the  said  deposit,  or  out  of  all  such 
securities  as  the  City  may  elect. 

[CORPORATE  SEAL.] 

RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY, 
By  AUGUST  BELMONT, 

President. 
Attest : 

H.  M.  FISHER, 

Secretary. 

UNITED  STATES  FIDELITY  AND  GUARANTY  COMPANY, 

By 
Attest : 

FIDELITY  AND  DEPOSIT  COMPANY  OF  MARYLAND, 

By 
Attest : 

NATIONAL  SURETY  COMPANY, 

By 
Attest : 

THE  MTNA  INDEMNITY  COMPANY, 

By 
Attest : 

THE  EMPIRE  STATE  SURETY  COMPANY, 

By 
Attest : 


156 


THE  CITY   OF    NEW  YORK, 

BY  ITS   RAPID  TRANSIT  BOARD, 


WITH 


RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY, 

CONTRACTOR. 


Contract  J|o.  2. 


AGREEMENT 

MODIFYING  CONTRACT  FOR  CONSTRUCTION   AND  OPERATION  OF 
RAPID  TRANSIT  RAILROAD. 

BOROUGH  HALL  CHANGE  OF  ALIGNMENT. 


Dated,  January  26,  1905. 


BOROUGH    HALL    CHANGE    OF    ALIGNMENT 

AGREEMENT  made  this  26th  day  of  January,  in  the  year  nine- 
teen hundred  and  five,  between  THE  CITY  OF  NEW  YORK  (here- 
inafter called  the  City),  acting  by  the  Board  of  Rapid  Transit 
Railroad  Commissioners  for  the  City  of  New  York  (hereinafter 
called  the  Board),  party  of  the  first  part,  and  RAPID  TRANSIT 
SUBWAY  CONSTRUCTION  COMPANY  (hereinafter  called  the  Con- 
tractor), party  of  the  second  part,  WITNESSETH  : 

WHEREAS  heretofore  and  on  or  about  the  2ist  day  of  July,  1902, 
the  City,  acting-  by  the  Board,  entered  into  a  contract  with  the 
Contractor  for  the  construction  and  operation  of  the  Rapid  Transit 
Railroad  in  the  City  of  New  York  and  otherwise,  as  therein  men- 
tioned ;  and 

WHEREAS,  upon  entering  into  said  contract  for  construction  and 
operation,  the  Contractor  deposited  with  the  City  cash  and  se- 
curities to  the  amount  of  two  million  dollars  and  upwards  as  se- 
curity in  lieu  of  giving  any  bonds,  and  has  not  yet  given  any 
bonds  and  has  no  sureties ;  and 

WHEREAS  the  plans  and  specifications  of  said  railroad  referred 
to  in  the  contract  require  the  construction  of  a  third  track  or 
switch  on  a  portion  of  Joralemon  Street  west  of  Borough  Hall 
Station,  and  also  on  a  portion  of  Fulton  Street  east  of  said  Bor- 
ough Hall  Station,  and  the  parties  desire  to  omit  the  said  third 
track  or  switch  on  Joralemon  Street  west  of  the  said  Borough  Hall 
Station,  and  to  extend  the  said  third  track  or  switch  on  Fulton 
Street  east  of  said  Borough  Hall  Station,  and  they  desire  that  the 
same  shall  be  constructed  in  accordance  with  the  plans  herein- 
after mentioned, 

Now.  THEREFORE,  in  consideration  of  the  premises  and  the  cov- 
enants and  agreements  hereinafter  contained,  it  is  agreed  as  fol- 
lows : 

The  City  and  the  Board,  upon  the  request  and  approval  here- 
inafter mentioned,  hereby  require:  first,  so  much  of  the  work 
and  materials  specified  and  provided  to  be  done  and  furnished  in 
said  contract,  to  be  omitted  as  is  included  in  the  construction  of  a 
third  track  or  switch  in  Joralemon  Street  west  of  the  Borough 
Hall  Station ;  second,  so  much  additional  work  to  be  done  and 
additional  materials  to  be  furnished  as  is  required  to  extend  the 

159 


Borough  Hall  Change  of  Alignment 

third  track  or  switch  easterly  from  the  Borough  Hall  Station 
along  Fulton  Street  to  a  point  near  Lawrence  Street,  so  that  the 
same  shall  be  sufficient  to  hold  two  eight-car  trains;  third,  the 
grade  at  the  station  to  be  raised  four  (4)  feet,  so  as  more  closely 
to  comply  with  the  provisions  in  the  route  and  general  plans, 
which  direct  that  "the  roof  of  the  tunnel,  when  under  a  street, 
shall  be  as  near  the  surface  of  the  street  as  grades  and  street  con- 
ditions will  conveniently  permit " ;  fourth,  to  change  the  align- 
ment at  the  said  Borough  Hall  Station  so  that  the  same  shall  be 
upon  a  straight  line  and  not  upon  a  curve,  and  to  change  the  align- 
ment of  the  tracks  and  switch  east  of  the  said  station  between 
Adams  and  Lawrence  Streets  by  moving  the  same 'over  to  the 
north  to  such  an  extent  as  may  be  necessary  to  bring  the  east 
end  of  the  Borough  Hall  Station  on  a  straight  line. 

The  Contractor  hereby  requests  the  Board  to  make  the  forego- 
ing requirements  and  approves  the  same. 

AND  IT  is  HEREBY  FURTHER  AGREED  that  the  Contractor  shall 
construct  the  said  Borough  Hall  Station  and  the  switch  and 
tracks  adjacent  thereto  along  the  lines  shown,  and  in  accordance 
with  the  plans  hereto  annexed  marked  "No.  328  Resident  Engi- 
neer's I  Office,  Rapid  Transit  Subway  Construction  Company," 
dated  January  5th,  1905. 

Detail  plans,  showing  the  method  of  construction  in  accord- 
ance with  this  agreement,  shall  be  prepared  and  issued  by  the 
Chief  Engineer  of  the  said  Board  of  Rapid  Transit  Railroad  Com- 
missioners as  soon  as  practicable  hereafter.  And  it  is  further 
agreed  that  the  reasonable  value  of  the  additional  work  and  ma- 
terials required  shall  be  paid  to  the  Contractor,  and  the  reasonable 
value  of  the  work  and  materials  required  to  be  omitted  shall  be 
deducted  from  the  amount  to  be  paid  to  the  Contractor  for  con- 
struction, as  provided  in  the  said  contract  bearing  date  July  21, 
1902. 

IN  WITNESS  WHEREOF,  this  contract  has  been  executed  for  the 
City  of  New  York  by  its  Board  of  Rapid  Transit  Railroad  Com- 
missioners, under  and  by  resolution  duly  adopted  by  said  Board, 
and  the  seal  of  the  said  Board  has  been  hereto  affixed  and  these 
presents  signed  by  the  President  and  Secretary  of  the  said  Board, 
and  the  said  Rapid  Transit  Subway  Construction  Company  has 

160 


Borough  Hall  Change  of  Alignment 

caused  its  corporate  seal  to  be  hereto  affixed  and  attested  by  its 
Secretary  and  these  presents  to  be  signed  by  its  President,  all  the 
day  and  year  first  above  written. 

RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY, 
[CORPORATE  SEAL.]  By  AUGUST  BELMONT, 

President. 
Attest : 

H.  M.  FISHER, 

Secretary. 

BOARD  OF  RAPID  TRANSIT  RAILROAD  COMMISSIONERS 
FOR  THE  CITY  OF  NEW  YORK, 

[SEAL  OF  THE  BOARD.]  By  A.  E.  ORR, 

President. 
Attest : 

BION  L.  BURROWS, 
Secretary. 


161 


Borough  Hall  Change  of  Alignment 

STATE  OF  NEW  YORK,  1 

ss  ' 
COUNTY  OF  NEW   YORK,] 

On  the  26  day  of  Jany,  1905.  before  me  personally  appeared 
ALEXANDER  E.  ORR  and  BION  L.  BURROWS,  to  me  known  and 
known  to  me  to  be,  the  said  Alexander  E.  Orr,  the  president,  and 
the  said  Bion  L.  Burrows,  the  secretary  of  the  Board  of  Rapid 
Transit  Railroad  Commissioners  for  the  City  of  New  York;  and 
the  said  Alexander  E.  Orr  and  Bion  L.  Burrows,  being  by  me 
duly  sworn,  did  depose  and  say,  each  for  himself  and  not  one  for 
the  other,  the  said  Alexander  E.  Orr,  that  he  resided  in  the 
Borough  of  Brooklyn,  in  the  said  City,  that  he  was  the  president 
of  the  said  Board  and  that  he  subscribed  his  name  to  the  fore- 
going contract  by  virtue  of  the  authority  thereof;  and  the  said 
Bion  L.  Burrows,  that  he  resided  in  the  Borough  of  Brooklyn,  in 
the  said  City  of  New  York,  that  he  was  the  secretary  of  the  said 
Board  and  that  he  subscribed  his  name  thereto  by  like  authority; 
and  both  the  said  Alexander  E.  Orr  and  Bion  L.  Burrows  that 
they  knew  the  seal  of  the  said  Board  and  that  the  same  was  af- 
fixed to  the  foregoing  instrument  by  the  authority  of  the  said 
Board  and  of  a  resolution  duly  adopted  by  the  same. 

H.  A.  D.  HOLLMANN, 
Notary  Public  for  Kings  County,  N.  Y. 

Certificate  filed  in  New  York  County. 
[NOTARIAL  SEAL.] 

STATE  OF  NEW  YORK,  \ 
COUNTY  OF  NEW   YORK,J 

On  the  3rd  day  of  Feby,  1905,  before  me  personally  appeared 
AUGUST  BELMONT,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say,  that  he  resided  in  Nassau  County  in 
the  State  of  New  York ;  that  he  was  the  President  of  Rapid  Tran- 
sit Subway  Construction  Company,  one  of  the  Corporations  de- 
scribed in  and  which  executed  the  foregoing  consent;  that  he 
knew  the  corporate  seal  of  said  company ;  that  one  of  the  seals  af- 
fixed to  said  consent  was  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

CHAS.  W.  SANDFORD, 

[NOTARIAL  SEAL.]  Notary  Public  No.  18,  Kings  County. 

Cert,  filed  in  N.Y.  County. 

162 


THE    CITY    OF    NEW    YORK, 

BY    ITS    RAPID    TRANSIT    BOARD. 


WITH 


RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY, 

CONTRACTOR. 


Contract  J2o.  Z 


AGREEMENT 


MODIFYING    CONTRACT    FOR    CONSTRUCTION    AND    OPERATION    OF 
RAPID   TRANSIT    RAILROAD. 


ADDITIONAL  TRACKS  ON  FULTON  STREET  AND 

FLATBUSH  AVENUE,  BOROUGH  OF 

BROOKLYN. 


Dated  9  June,   1905. 


ADDITIONAL  TRACKS  AND  SPURS 

AGREEMENT  made  this  ninth  day  of  June,  in  the  year  Nine- 
teen hundred  and  five,  between  THE  CITY  OF  NEW  YORK  (here- 
inafter called  the  City),  acting  by  the  Board  of  Rapid  Transit 
Railroad  Commissioners  for  the  City  of  New  York  (hereinafter 
called  the  Board),  party  of  the  first  part,  and  RAPID  TRANSIT 
SUBWAY  CONSTRUCTION  COMPANY,  a  corporation  organized  and 
existing  under  the  laws  of  the  State  of  New  York  (hereinafter 
called  the  Contractor),  party  of  the  second  part: 

WHEREAS,  Heretofore  and  on  or  about  the  2ist  day  of  July, 
1902,  the  City,  acting  by  the  Board,  entered  into  a  contract  with 
the  Contractor  for  the  construction  and  operation  of  a  Rapid 
Transit  Railroad  in  the  City  of  New  York  and  otherwise,  as 
therein  mentioned,  the  said  contract  being  hereinafter  styled  the 
Contract  for  Construction  and  Operation ;  and 

WHEREAS,  The  Contractor  has  deposited  with  Comptroller  of 
the  City  certain  security  for  the  performance  of  the  said  Contract 
for  Construction  and  Operation  on  his  part  and  has  given  certain 
bonds  as  further  security  for  such  performance  and  upon  such 
bonds  there  are  sureties  as  follows  :  Fidelity  and  Deposit  Company 
of  Maryland,  United  States  Fidelity  &  Guaranty  Company,  Na- 
tional Surety  Company,  The  2Etna  Indemnity  Company,  and  Em- 
pire State  Surety  Company ;  and 

WHEREAS,  The  Contractor  desires,  and  the  Board  approves  a 
modification  of  the  Routes  and  General  Plan  for  the  Rapid  Tran- 
sit Railroad  referred  to  in  the  said  Contract  for  Construction  and 
Operation  as  set  forth  in  certain  resolutions  adopted  by  the  Board 
on  the  I3th  day  of  April,  1905,  a  copy  of  which  is  hereto  annexed; 
and 

WHEREAS,  the  said  modifications  of  the  said  Route  and  General 
Plans  have  been  duly  approved  and  consented  to  by  the  Board  of 
Aldermen  of  The  City  of  New  York  by  resolution  adopted  the  2nd 
day  of  May,  1905,  approved  by  the  Mayor  the  9th  day  of  May, 
1905. 

Now  THEREFORE,  in  consideration  of  the  premises  and  subject 
to  the  consents  hereinafter  provided, 

IT  is  AGREED  that  the  said  Contract  for  Construction  and 
Operation  including  the  Routes  and  General  Plan  therein  set 
forth  be,  and  the  same  hereby  are,  further  modified  as  follows : 

165 


Additional  Tracks  and  Spurs 

1.  By  striking  out  from  the  said  Routes  and  General  Plan 
the  words 

"For  the  whole  of  the  route  above  described,  including 
each  of  the  branches  and  loops  aforesaid,  two  parallel 
tracks." 

2.  By  inserting  in  the  said  Routes  and  General   Plan,  in- 
stead   of   the    words   thus    struck    out,    the    following    words, 
to  wit : 

"For  the  portion  of  the  route  above  described  begin- 
ning at  a  point  in  the  Borough  of  Brooklyn,  in  Joralemon 
Street  opposite  the  Kings  County  Court  House  near  the 
junction  of  Joralemon  Street  with  Fulton  Street  and  run- 
ning thence  along  Fulton  Street  to  the  end  of  the  said 
route  at  or  near  the  intersection  of  Flatbush  Avenue 
with  Atlantic  Avenue,  there  shall  be  four  tracks  sub- 
stantially parallel  and  placed  on  substantially  the  same 
level,  except  at  the  following  points  where  provision  is  to 
be  made  for  connections  with  certain  subways  or  tunnels 
which  are  expected  to  be  hereafter  constructed  and  which 
are  expected  to  run  as  follows,  that  is  to  say :  First 
Northwesterly  under  Fulton  Street  from  its  junction  with 
Joralemon  Street,  Second  Northwesterly  from  Flatbush 
Avenue  under  the  proposed  extension  of  Flatbush  Ave- 
nue toward  the  Manhattan  Bridge,  Third  Northeasterly 
from  Flatbush  Avenue  under  Lafayette  Avenue,  and 
Fourth  Southerly  from  Flatbush  Avenue  under  Fourth 
Avenue.  At  and  near  each  of  the  said  points,  at  which 
provision  is  now  to  be  made  for  future  connections,  one 
or  more  additional  tracks  may  be  constructed  as  a  part 
of  the  railway  herein  described,  and  any  one  or  more  of 
the  tracks  of  said  railway  may  be  depressed  below  the 
remaining  tracks  as  far  as  shall  be  found  necessary  in 
order  to  avoid  grade  crossings,  but  not  exceeding  twenty 
feet.  Along  the  whole  of  that  portion  of  the  route  above 
described  which  lies  under  Flatbush  Avenue  there  may 
be  an  additional  or  fifth  track  for  use  as  a  siding.  And 
for  the  remainder  of  the  route  above  described,  being 
all  of  the  said  route  lying  westerly  from  the  Kings  Coun- 
ty Court  House  both  in  the  Borough  of  Brooklyn  and  in 
the  Borough  of  Manhattan  and  including  each  of  the 
branches  and  loops  aforesaid,  there  shall  be  two  parallel 
tracks." 

3.  By  inserting  after  the  words 

"No  wall  of  the  tunnel  or  part  thereof  shall" 
the  words 

166 


Additional  Tracks  and  Spurs 

"except  along-  the  Southerly  side  of  Fulton  Street  between 
Bond  Street  and  Flatbush  Avenue,  and" 
so  that  the  whole  sentence  shall  read  as  follows,  to  wit: 

"No  wall  of  the  tunnel  or  part  thereof  shall,  except 
along  the  Southerly  side  of  Fulton  Street  between  Bond 
Street  and  Flatbush  Avenue,  and  except  at  the  stations, 
station  approaches,  curves  and  places  of  access  to  sub- 
surface structures  as  hereinafter  provided,  be  within  a 
distance  of  five  (5)  feet  of  the  exterior  line  or  side  of  a 
longitudinal  street  of  the  route." 

IT  is  FURTHER  AGREED  that  in  all  other  respects  the 
provisions  of  the  Route  and  of  the  General  Plan  of  Construc- 
tion set  forth  in  the  said  Contract  for  Construction  and  Opera- 
tion shall  be  applicable  to  the  portion  of  the  route  hereby 
substituted. 

AND  IT  is  FURTHER  AGREED  the  Contractor  shall  become 
entitled  to  additional  payments  for  such  additional  work 
and  materials  as  shall  be  made  necessary  by  the  changes 
hereby  provided;  the  amounts  of  such  additional  payments 
to  be  determined  as  provided  in  Chapter  II  of  the  said  Con- 
tract for  Construction  and  Operation  so  far  as  such  work 
and  materials  shall  be  supplied  in  or  about  providing  connec- 
tions with  subways  which  may  be  hereafter  built  under  Fulton 
Street,  the  proposed  extension  of  Flatbush  Avenue,  Lafayette 
Avenue  or  Fourth  Avenue,  including  in  the  cost  of  such  con- 
nections, the  cost  of  constructing  the  approaches  thereto,  as 
shown  on  the  drawing  annexed  to  and  forming  part  of  this 
agreement  and  entitled  "  Proposed  Four  Track  Subway,"  Sheet 
No.  Afl. 

But  so  far  as  such  work  and  materials  shall  be  supplied  in 
or  about  any  other  thing  hereby  provided  for,  then  the 
amounts  of  the  additional  payments  to  be  made  to  the  con- 
tractor shall  be  only  one-half  of  the  amounts  determined  as 
provided  in  Chapter  II  of  the  said  Contract  for  Construction 
and  Operation. 

PROVIDED,  however,  and  it  is  expressly  agreed  that  this 
agreement  shall  take  effect  when  and  only  when  the  following 
consents  hereto  and  approvals  hereof  shall  be  duly  had,  to 
wit: 

FIRST. — The  consents  as  subjoined  of  Fidelity  and  Deposit 
Company  of  Maryland,  United  States  Fidelity  and  Guaranty 

167 


Additional  Tracks  and  Spurs 

Company,  National  Surety  Company,  The  ./Etna  Indemnity 
Company  and  Empire  State  Surety  Company. 

SECOND. — The  consent  of  the  owners  of  a  majority  in  value 
of  the  property  along  those  portions  of  Joralemon  Street,  Ful- 
ton Street  and  Flatbush  Avenue,  in  the  Borough  of  Brooklyn, 
which  are  above  mentioned;  or,  if  such  consent  cannot  be 
obtained,  then,  in  lieu  thereof,  the  determination  of  three  com- 
missioners to  be  appointed  by  the  Appellate  Division  of  the 
Supreme  Court  in  the  Second  Department  duly  confirmed  by 
the  said  Appellate  Division. 

The  plan  hereto  annexed  is  intended  to  show  the  modifica- 
tion of  the  routes  as  hereby  proposed. 

IN  WITNESS  WHEREOF  this  contract  has  been  executed 
for  the  City  of  New  York  by  its  Board  of  Rapid  Transit 
Railroad  Commissioners,  under  and  by  a  resolution  duly 
adopted  by  said  Board  concurred  in  by  more  than  six  of  its 
members,  and  the  seal  of  the  Board  has  been  hereto  affixed 
and  these  presents  signed  by  the  Vice-President  and  Sec- 
retary of  the  said  Board,  and  Rapid  Transit  Subway  Con- 
struction Company  has  also  caused  its  seal  to  be  hereto  affixed 
and  these  presents  to  be  signed  by  its  President 

and  Secretary,  all  on  the  day  and  year  first  above  written. 

BOARD  OF  RAPID  TRANSIT  RAILROAD  COMMISSIONERS 

FOR  THE  CITY  OF  NEW  YORK, 
[SEAL  OF  THE  BOARD.]  By  JOHN  H.  STARIN, 

Vice-President. 
Attest : 

BION  L.  BURROWS, 

Secretary. 

RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY, 
[CORPORATE  SEAL.]  By  AUGUST  BELMONT, 

President. 
Attest : 

H.  M.  FISHER, 
Secretary. 

APPROVAL  BY  CORPORATION  COUNSEL. 
The  foregoing  agreement  is  hereby  approved  as  to  form. 

JOHN  L.  O'BRIEN, 
Acting  Corporation  Counsel. 

168 


Additional  Tracks  and  Spurs 

COPY  OF  RESOLUTIONS  OF  APRIL   13,    1905. 

WHEREAS,  this  Board  did,  on  the  24th  day  of  January,  1901, 
adopt  certain  Routes  and  General  Plan  for  a  rapid  transit  rail- 
road in  the  City  of  New  York,  a  copy  of  which  is  hereto  an- 
nexed entitled  "Copy  Routes  and  General  Plan  adopted  24th 
January,  1905";  and 

WHEREAS,  the  said  Routes  and  General  Plan  were  afterwards 
duly  approved  by  the  municipal  authorities  of  the  City  of 
New  York,  and  were  duly  consented  to  by  commissioners 
appointed  by  the  Appellate  Divisions  of  the  Supreme  Court 
both  in  the  First  and  Second  Departments,  which  consents 
were  duly  confirmed  by  the  said  Appellate  Divisions,  in  lieu 
of  the  consent  of  the  owners  of  a  majority  in  value  of  the 
property  along  the  said  routes;  and 

WHEREAS,  thereafter,  and  on  or  about  the  2ist  day  of  July, 
1902,  the  City  of  New  York  did  by  this  Board  enter  into  a 
certain  contract  with  Rapid  Transit  Subway  Construction 
Company  for  the  construction  and  operation  of  the  said  rapid 
transit  railroad ;  and 

WHEREAS,  it  is  the  interest  of  the  City  of  New  York,  and, 
in  the  opinion  of  the  said  Rapid  Transit  Subway  Construc- 
tion Company,  it  is  likewise  in  its  interest  as  such  contractor, 
and  the  said  Company  desires  that  said  Routes  and  Plan  shall 
be  changed  in  the  respect  hereinafter  mentioned,  but  without 
other  change  in  the  said  Routes  and  General  Plan. 

Now,  therefore,  it  is 

RESOLVED,  That,  subject  to  the  consents  and  approvals  to 
be  first  obtained  as  in  this  resolution  hereinafter  mentioned 
the  said  Routes  and  General  Plan  heretofore  adopted  by  this 
Board  be,  and  they  hereby  are,  modified  as  follows: 

1.  By  striking  out  from  the  said  Routes  and  General  Plan 
the  words 

"For  the  whole  of  the  route  above  described,  including 
each  of  the  branches  and  loops  aforesaid  two  parallel 
tracks." 

2.  By  inserting  in  the  said  Routes  and  General  Plan,  in- 
stead of  the  words  thus  struck  out,  the  following  words,  to 
wit: 

169 


Additional  Tracks  and  Spurs 

"For  the  portion  of  the  route  above  described  begin- 
ning at  a  point  in  the  Borough  of  Brooklyn  in  Joralemon 
Street  opposite 'the  Kings  County  Court  House  near  the 
junction  of  Joralemon  Street  with  Fulton  Street  and  run- 
ning thence  along  Fulton  Street  to  the  end  of  the  said 
route  at  or  near  the  intersection  of  Flatbush  Avenue 
with  Atlantic  Avenue,  there  shall  be  four  tracks  sub- 
stantially parallel  and  placed  on  substantially  the  same 
level,  except  at  the  following  points  where  provision  is  to 
be  made  for  connections  with  certain  subways  or  tunnels 
which  are  expected  to  be  hereafter  constructed  and  which 
are  expected  to  run  as  follows,  that  is  to  say :  First 
Northwesterly  under  Fulton  Street  from  its  junction  with 
Joralemon  Street,  Second  Northwesterly  from  Flatbush 
Avenue  under  the  proposed  extension  of  Flatbush  Ave- 
nue toward  the  Manhattan  Bridge,  Third  Northeasterly 
from  Flatbush  Avenue  under  Lafayette  Avenue  and 
Fourth  Southerly  from  Flatbush  Avenue  under  Fourth 
Avenue.  At  and  near  each  of  the  said  points,  at  which 
provision  is  now  to  be  made  for  future  connections,  one 
or  more  additional  tracks  may  be  constructed  as  a  part 
of  the  railway  herein  described,  and  any  one  or  more  of 
the  tracks  of  said  railway  may  be  depressed  below  the 
remaining  tracks  as  far  as  shall  be  found  necessary  in 
order  to  avoid  grade  crossings,  but  not  exceeding  twenty 
feet.  Along  the  whole  of  that  portion  of  the  route  above 
described  which  lies  under  Flatbush  Avenue  there  may 
be  an  additional  or  fifth  track  for  use  as  a  siding.  And 
for  the  remainder  of  the  route  above  described,  being 
all  of  the  said  route  lying  westerly  from  the  Kings  Coun- 
ty Court  House  both  in  the  Borough  of  Brooklyn  and  iij 
the  Borough  of  Manhattan  and  including  each  of  the 
branches  and  loops  aforesaid,  there  shall  be  two  parallel 
tracks." 
3.  By  inserting  after  the  words 

"No  wall  of  the  tunnel  or  part  thereof  shall" 
the  words 

"except  along  the  Southerly  side  of  Fulton  Street  between 
Bond  Street  and  Flatbush  Avenue,  and" 
so  that  the  whole  sentence  shall  read  as  follows,  to  wit : 

"No  wall  of  the  tunnel  or  part  thereof  shall,  except 
along  the  Southerly  side  of  Fulton  Street  between  Bond 
Street  and  Flatbush  Avenue,  and  except  at  the  stations, 
station  approaches,  curves  and  places  of  access  to  sub- 
surface structures  as  hereinafter  provided,  be  within  a 
distance  of  five  (5)  feet  of  the  exterior  line  or  side  of  a 
longitudinal  street  of  the  route." 
And  it  is  further 

170 


Additional  Tracks  and  Spurs 

RESOLVED,  that  whereas  this  Board  has  duly  made  the  in- 
quiries and  investigations  necessary  or  proper  in  the  premises, 
and  has  determined  that  the  modifications  aforesaid  of  the 
said  Routes  and  General  Plan  is  necessary  for  tlie  interests 
of  the  public  and  of  the  City  of  New  York  and  should  be 
established  as  hereinafter  provided,  this  Board  does  hereby 
determine  and  establish  the  said  Routes  and  General  plan  as 
hereby  modified,  subject  to  the  consents  and  approvals  to  be 
first  obtained  as  hereinafter  mentioned. 

And  it  is  further 

RESOLVED,,  that  the  said  modifications  of  the  Routes  and 
General  Plan  shall  take  effect  only  upon  and  after  the  follow- 
ing consents  thereto  and  approvals  thereof  shall  be  duly  had, 
to  wit : 

1.  The  consent  of  the  Rapid  Transit  Subway  Construction 
Company,  contractor,  and  of  its  sureties,  as  follows:    Fidelity 
and    Deposit    Company    of    Maryland,    United    States    Fidelity 
and  Guaranty  Company ;  The  National  Surety  Company ;  The 
JEtna.  Indemnity  Company;  and  Empire  State  Surety  Com- 
pany. 

2.  The  consent  of  the  Board  of  Aldermen  of  the  City  of 
New  York  or  such  other  local  authorities  as  may  have  the 
control  of  the  portions  of  Joralemon  Street,  Fulton  Street  and 
Flatbush  Avenue  in   the   Borough  of  Brooklyn  above   men- 
tioned. 

3.  The  consent  of  the  Mayor  of  the  City  of  New  York. 

4.  The  consent  of  the  owners  of  a  majority  in  value  of  the 
property  along  streets  or  such  portions  of  streets  as  are  in- 
cluded in  the  portion  of  routes  by  these  resolutions  proposed 
to  be  modified  as  aforesaid ;  or,  if  such  consents  cannot  be 
obtained,  then,  in  lieu  thereof,  the  determination  of  three  com- 
missioners to  be  appointed  by  the  Appellate  Division  of  the 
Supreme  Court  in  the  Second  Department,  duly  confirmed  by 
the  said  Appellate  Division. 

And  it  is  further 

RESOLVED,  that  this  Board  hereby  adopts  the  drawing  now 
produced  and  entitled  "Proposed  Four  Track  Subway  show- 
ing Two  Track  Connections  with  extensions  on  Fourth  Ave- 
nue, Lafayette  Avenue,  Fulton  Street  and  Flatbush  Avenue 
Extension,"  as  showing  in  substance  the  modification  hereby 
adopted. 

171 


Additional  Tracks  and  Spurs 

I  certify  that  the  above  are  true  copies  of  resolutions  adopt- 
ed by  the  Board  of  Rapid  Transit  Railroad  Commissioners 
at  its  meeting  held  on  the  I3th  day  of  April,  1905,  seven  Com- 
missioners being-  present  and  all  voting  in  favor  thereof. 

In  Witness  Whereof  I  have  hereunto  set 
my  hand  and  the  seal  of  the  Board  this  i/th 
day  of  April,  1905. 

BION  L.  BURROWS, 
[SEAL  OF  THE  BOARD.]  Secretary. 


172 


Additional  Tracks  and  Spurs 

Copy  Routes  and  General  Plan. 

Adopted  24  January,  1901. 

The  center  line  of  the  route  shall  commence  at  a  point  in  the 
Borough  of  Manhattan  at  or  near  the  intersection  of  Broad- 
way with  Park  Row,  being-  the  point  of  commencement  of 
the  rapid  transit  railroad  now  under  construction  upon  the 
routes  adopted  by  the  B.oard  of  Rapid  Transit  Railroad  Com- 
missioners of  the  City  of  New  York,  by  resolutions  of  the 
I4th  day  of  January  and  4th  day  of  February,  1897;  and  such 
center  line  shall  run  thence  under  Broadway  and  Bowling 
Green  to  State  Street;  thence  under  State  Street  and  Battery 
Park  to  Whitehall  Street,  and  thence  under  and  across  White- 
hall Street  and  South  Street  to  the  East  River;  thence  under 
the  East  River  to  the  Borough  of  Brooklyn  at  a  point  in 
Joralemon  Street  between  the  East  River  and  Furman  Street ; 
thence  under  Joralemon  Street  to  Fulton  Street ;  thence  under 
Fulton  Street  to  Flatbush  Avenue ;  thence  under  Flatbush 
Avenue  to  a  point  at  or  near  its  intersection  with  Atlantic 
Avenue.  The  route  shall  also  include  a  branch  or  loop,  the 
center  line  of  which  shall  begin  at  the  point  which  shall  be 
found  most  convenient  in  Broadway  between  Bowling  Green 
and  Exchange  Place,  and  shall  run  thence  under  Broadway 
to  Bowling  Green  and  thence  under  Bowling  Green  to  State 
Street ;  thence  under  and  across  the  line  of  State  Street  tc« 
Battery  Park ;  thence  under  Battery  Park  to  Whitehall  Street ; 
thence  returning  under  Whitehall  Street,  Battery  Park,  and 
State  Street  to  Broadway. 

The  route  shall  also  include  suitable  tracks  and  connections 
in  the  nature  of  loops  under  the  City  Hall  Park  and  around 
the  City  Hall  in  the  Borough  of  Brooklyn.  Wherever  the 
route  passes  from  one  street  to  another,  or  from  the  street  to 
the  river,  or  from  the  river  to  a  street,  the  route  may  pass 
under  private  property  so  far  as  may  be  convenient  for  the 
purposes  of  the  curve  or  grade  of  the  railway. 

The  said  general  plan  of  construction  hereby  adopted  is  as 
follows : 

For  the  whole  of  the  route  above  described,  including  each 
of  the  branches  and  loops  aforesaid,  two  parallel  tracks  placed 
on  the  same  level  except  that,  wherever  required  by  special 
necessities  of  surface  or  subsurface  structures,  or  other  spe- 
cial or  local  necessities,  or  for  the  purpose  of  avoiding  grade 
crossings,  either  track  may  be  depressed  below  the  other  track 
to  a  depth  of  not  more  than  fifty  feet;  but  the  limitation  as 
to  level  of  the  two  tracks  shall  not  apply  to  the  portions  of 
the  route  under  the  East  River.  The  tracks  shall  be  standard 
gauge,  that  is  to  say,  of  a  width  of  four  feet  eight  and  one- 
half  inches  between  the  rails. 

173 


Additional  Tracks  and  Spurs 

The  tracks  may  at  any  point  of  the  route  (or  of  the  branches 
or  loops  therein  included)  be  placed  in  the  same  tunnel;  or 
there  may  be  a  separate  tunnel  for  each  track;  as  shall  be 
most  convenient;  and  there  shall  be  a  width  in  the  tunnels 
for  each  track  not  exceeding  fifteen  feet,  except  that  at  sta- 
tions, switches,  turnouts,  curves  and  cross-overs  the  width  may 
be  increased,  provided,  however,  that  the  tracks  shall  be 
placed  under  the  central  part  of  the  longitudinal  street  of  the 
route,  so  far  as  may  be  practicable  and  convenient.  No  wall 
of  the  tunnel  or  part  thereof  shall,  except  at  the  stations, 
station  approaches,  curves,  and  places  of  access  to  subsurface 
structures  as  hereinafter  provided,  be  within  a  distance  of 
five  (5)  feet  of  the  exterior  line  or  side  of  a  longitudinal  street 
of  the  route.  The  roof  of  the  tunnel  when  under  a  street 
shall  be  as  near  the  surface  of  the  street  as  grades  and  street 
conditions  will  conveniently  permit.  The  tunnel  shall  not 
be  less  than  thirteen  feet  high  in  the  clear.  Wherever  neces- 
sary to  the  proper  support  of  a  street  surface  the  roof  of  the 
tunnel  or  tunnels  shall  be  of  iron  or  steel  girders,  with  brick 
or  concrete  arches,  supported  by  iron  or  steel  columns  and 
masonry  walls,  or  the  roof  shall  be  a  masonry  arch,  or  the 
whole  of  the  lining  may  be  of  iron.  Adjacent  tracks  shall  be 
connected  by  necessary  and  suitable  switches  and  connections 
and  an  additional  track  for  siding  accommodations  may  be 
constructed  not  to  exceed  in  length  one  quarter  of  a  mile 
for  each  mile  of  roadway;  and  wherever  along  any  part  of 
the  route  it  shall  be  necessary  for  the  proper  maintenance  or 
accommodation  of  pipes,  wires,  sewers,  and  other  subsurface 
structures,  the  width  of  the  tunnel  may  be  enlarged  on  either 
or  both  sides  by  an  additional  width  not  to  exceed  fifteen 
feet,  provided  always  that  the  limits  hereinbefore  provided 
as  to  longitudinal  streets  of  the  route  shall  be  observed.  All 
or  any  pipes,  wires,  sewers,  and  other  subsurface  structures 
may  be  placed  in  suitable  galleries  to  be  constructed  within 
the  additional  width  hereinbefore  permitted.  At  each  cross 
street  where  accommodation  for  pipes,  wires,  sewers  and 
other  subsurface  structures  shall  be  those  provided  within  the 
tunnel,  the  tunnel  may,  in  order  to  provide  convenient  access 
to  the  same,  have  within  the  limit  of  the  sides  or  exterior  lines 
of  such  cross  streets  or  such  lines  produced,  an  additional 
width  on  each  side  of  the  route  not  to  exceed  fifteen  feet, 
provided  always  that  the  limits  hereinbefore  provided  as  to 
longitudinal  streets  of  the  route  shall  be  observed.  Pipes, 
wires,  sewers,  and  other  subsurface  structures  shall,  at  any 
part  of  the  said  route,  be  removed  and  disturbed  only  when 
necessary  for  the  construction  and  operation  of  the  tunnel, 
and  if  removed  or  disturbed  shall  be  placed  under  the  streets 
in  such  manner  and  in  such  location  that  the  use  and  service 
thereof  shall  not  be  permanently  impaired.  Such  pipes,  wires, 

174 


Additional  Tracks  and  Spurs 

sewers,  and  other  subsurface  structures  shall  be  left  or  shall 
be  so  arranged  as  to  give  free  access  for  their  repair  or  altera- 
tion and  for  the  placing  with  them,  so  far  as  there  may  be 
space,  of  new  pipes,  wires,  sewers,  and  other  like  structures, 
and  for  making  connections  between  the  same  and  abutting 
buildings  at  any  time.  Stations  and  station  approaches  shall, 
so  far  as  practicable,  be  at  the  intersection  of  streets  and  shall 
be  built  under  streets  or  through  private  property  to  be  ac- 
quired for  the  purpose,  or  both  under  streets  and  through 
private  property  as  aforesaid.  The  streets  under  which  sta- 
tions or  station  approaches  shall  be  built  may  include  cross 
streets;  but  no  part  of  any  cross  streets  shall  be  used  for  a 
station  or  station  approach  at  a  distance  greater  than  seventy- 
five  feet  from  the  exterior  line  or  side  of  the  street  of  the 
route.  The  word  "street"  wherever  used  herein,  shall  include 
an  avenue,  park,  or  public  place. 

The  general  mode  of  operation  shall  be  by  electricity  or 
some  other  power  not  requiring  combustion  within  the  tun- 
nels, and  the  motors  shall  be  capable  of  moving  trains  at  a 
speed  of  not  less  than  forty  miles  per  hour,  .exclusive  of  stops. 
The  manner  of  construction  shall  be  by  tunneling  or  open 
excavation. 


J75 


Additional  Tracks  and  Spurs 

STATE  OF  NEW  YORK,   ) 

ss  ' 
COUNTY  OF  NEW   YORK,] 

On  this  1 5th  day  of  June,  1905,  at  the  City  of  New  York, 
in  said  County,  before  me  personally  appeared  John  H.  Starin 
and  Bion  L.  Burrows,  to  me  known  and  known  to  me  to  be  the 
said  John  H.  Starin,  the  Vice-President,  and  the  said  Bion  L. 
Burrows,  the  Secretary  of  the  Board  of  Rapid  Transit  Railroad 
Commissioners  for  the  City  of  New  York;  and  the  said  John  H. 
Starin  and  Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose 
and  say,  each  for  himself  and  not  one  for  the  other,  the  said  John 
H.  Starin,  that  he  resided  in  the  Borough  of  Brooklyn,  in  the  said 
City,  that  he  was  the  Vice-President  of  the  said  Board  and  that  he 
subscribed  his  name  to  the  foregoing  contract  by  virtue  of  the 
authority  thereof;  and  the  said  Bion  L.  Burrows,  that  he  resided 
in  the  Borough  of  Brooklyn,  in  the  said  City  of  New  York ;  that 
he  was  the  Secretary  of  the  said  Board  and  that  he  subscribed  his 
name  thereto  by  like  authority;  and  both  the, said  John  H.  Starin 
and  Bion  L.  Burrows  that  they  knew  the  seal  of  the  said  Board, 
that  one  of  the  seals  affixed  to  the  foregoing  instrument  was 
such  seal,  and  that  the  same  was  so  affixed  by  the  authority  of 
the  said  Board  and  of  a  resolution  duly  adopted  by  the  same. 

[NOTARIAL  SEAL.]  H.  A.  D.  HOLLMANN, 

Notary  Public  for  Kings  County,  N.  Y. 
Certificate  filed  in  New  York  County. 

STATE  OF  NEW  YORK..  ] 

ss  * 
COUNTY  OF  NEW  YORK,J 

On  this  Qth  day  of  June,  1905,  before  me  personally  appeared 
August  Belmont,  to  me  known,  who  being  by  me  first  duly  sworn, 
did  depose  and  say,  that  he  resided  in  Hempstead,  Nassau 
County,  in  the  State  of  New  York,  that  he  is  President  of  Rapid 
Transit  Subway  Construction  Company,  the  corporation  described 
in  and  which  executed  the  foregoing  contract ;  that  he  knew  the 
corporate  seal  of  said  Company :  that  one  of  the  seals  affixed  to 
said  contract  was  such  corporate  seal ;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  said  Cojnpanv,  and  that 
he  signed  his  name  thereto  by  like  authority. 

CHAS.  W.  SANDFORD, 
[NOTARIAL  SEAL.] 

Notary  Public,  No.  18,  Kings  County. 

Cert,  filed  in  N.  Y.  County. 

176 


Additional  Tracks  and  Spurs 

The  undersigned  being  the  sureties  of  RAPID  TRANSIT 
SUBWAY  CONSTRUCTION  COMPANY,  the  Contractor  above  men- 
tioned, upon  the  continuing  bond  in  the  penalty  of  One  million 
dollars  ($1,000,000)  above  mentioned,  hereby  consent  to  the  mak- 
ing of  the  foregoing  instrument. 

Dated,  New  York,  June  pth,  1905. 
UNITED  STATES  FIDELITY  AND  GUARANTY  COMPANY, 

[CORPORATE  SEAL.]  By  CHAS.  O.  SCULL, 

Vice-Presdt. 
Attest : 

ALBERT  H.  BUCK, 

Ass't-Secy. 

FIDELITY  AND  DEPOSIT  COMPANY  OF  MARYLAND, 

[CORPORATE  SEAL.]  By  HENRY  B.  PLATT, 

Vice-Pres't. 
Attest : 

HUGH  M.  ALLWOOD, 

Attorney  in  Fact. 

NATIONAL  SURETY  COMPANY, 

[CORPORATE  SEAL.]  By  WM.  B.  JOYCE, 

President. 
Attest : 

SAMUEL  H.  SHRIVER, 
Secretary. 

THE  ^TNA  INDEMNITY  COMPANY, 

[CORPORATE  SEAL.]  By  BEEKMAN  HUNT, 

First  Vice-President. 
Attest : 

WYLLYS  BENEDICT, 

Assistant  Secretary. 

THE  EMPIRE  STATE  SURETY  COMPANY, 

[CORPORATE  SEAL.]  By  WILLIAM  M.  TOMLINS,  JR., 

President. 

Attest : 

DANIEL  STEWART, 

Secretary. 

177 


Additional  Tracks  and  Spurs 

STATE  OF   MARYLAND.     ) 

ss  ° 
CITY  OF  BALTIMORE,     ( 

On  the  1 3th  day  of  June,  1905,  before  me  personally  appeared 
Chas.  O.  Scull,  to  me  known,  who  being  by  me  first  duly  sworn, 
did  depose  and  say  that  he  resided  in  Baltimore  in  the  State  of 
Maryland;  that  he  was  the  Vice-President  of  the  United  States 
Fidelity  &  Guaranty  Company,  one  of  the  corporations  described 
in  and  which  executed  the  foregoing  bond;  that  he  knew  the 
corporate  seal  of  said  company;  that  one  of  the  seals  affixed  to 
said  consent  was  such  corporate  seal;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  such  company,  and  that 
he  signed  his  name  thereto  by  like  authority. 

[NOTARIAL  SEAL.]  A.  D..  PATRICK, 

Notary  Public. 

STATE  OF  MARYLAND.     ) 

~  \    Set.:  No.  892. 

BALTIMORE  CITY,          ^ 

I  hereby  certify,  that  A.  D.  Patrick,  Esquire,  before  whom  the 
annexed  affidavit  was  made,  and  who  has  thereto  subscribed  his 
name,  was  at  the  time  of  so  doing,  a  Notary  Public  of  the  State 
of  Maryland,  in  and  for  the  City  of  Baltimore,  duly  commissioned 
and  sworn,  and  authorized  by  law  to  administer  oaths  and  take 
acknowledgments,  or  proof  of  deeds  to  be  recorded  therein.  I 
further  certify  that  I  am  acquainted  with  the  handwriting  of  the 
said  notary,  and  verily  believe  the  signature  to  be  his  genuine 
signature. 

IN  TESTIMONY  WHEREOF,  I  hereto  set  my  hand,  and 
affix  the  seal  of  the  Superior  Court  of  Balti- 
more City,  the  same  being  a  Court  of  Record, 
this  I3th  day  of  June,  1905. 

[OFFICIAL  SEAL.] 

ROBT.  OGLE, 
Clerk  of  the  Superior  Court  of  Baltimore. 

STATE  OF  NEW  YORK.  1 

ss  " 
COUNTY  OF  NEW  YORK,J 

On  the  1 2th  day  of  June,  1905,  before  me  personally  appeared 
Henry  B.  Platt,  to  me  known,  who  being  by  me  first  duly  sworn, 

I78 


Additional  Tracks  and  Spurs 

I  * 

did  depose  and  say  that  he  resided  at  Borough  of  Manhattan, 
N.  Y.  City,  in  the  State  of  New  York;  that  he  was  the  Vice- 
president  of  Fidelity  and  Deposit  Company  of  Maryland,  one 
of  the  corporations  described  in  and  which  executed  the  fore- 
going bond;  that  he  knew  the  corporate  seal  of  said  company; 
that  one  of  the  seals  affixed  to  said  consent  was  such  corporate 
seal;  that  it  was  affixed  thereto  by  order  of  the  Board  of  Di- 
rectors of  such  company,  and  that  he  signed  his  name  thereto 
by  like  authority. 

[NOTARIAL  SEAL.]  R.  M.  NEUMANN, 

Notary  Public,  N.  Y.  Co. 

STATE  OF  NEW  YORK.  ) 

ss  * 
COUNTY  OF  NEW  YORK,J 

On  the  I4th  day  of  June,  1905,  before  me  personally  appeared 
William  B.  Joyce,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  resided  in  Borough  of  Man- 
hattan, N.  Y.  City,  in  the  State  of  New  York;  that  he  was  the 
President  of  National  Surety  Company  of  New  York,  one  of 
the  corporations  described  in  and  which  executed  the  foregoing 
bond ;  that  he  knew  the  corporate  seal  of  said  company ;  that  one 
of  the  seals  affixed  to  said  consent  was  such  corporate 
seal ;  that  it  was  affixed  thereto  by  order  of  the  Board  of  Di- 
rectors of  such  company,  and  that  he  signed  his  name  thereto  by 
like  authority. 

[NOTARIAL  SEAL.]  R.  M.  NEUMANN, 

Notary  Public,  N.  Y.  Co. 

STATE  OF  NEW  YORK.  1 

ss  * 
COUNTY  OF  NEW   YORK,J 

On  the  I2th  day  of  June,  1905,  before  me  personally  appeared 
Beekman  Hunt,  to  me  known,  who  being  by  me  first  duly  sworn, 
did  depose  and  say  that  he  resided  in  the  Borough  of  Manhattan, 
N.  Y.  City,  in  the  State  of  New  York;  that  he  was  the  1st  Vice- 
President  of  The  ./Etna  Indemnity  Company,  one  of  the  corpora- 
tions described  in  and  which  executed  the  foregoing  bond;  that 
he  knew  the  corporate  seal  of  said  company ;  that  one  of  the  seals 

179 


Additional  Tracks  and  Spurs 

affixed  to  said  consent  was  such  corporate  seal ;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  authority. 

[NOTARIAL  SEAL.]  R.  M.  NEUMANN, 

Notary  Public,  N.  Y.  Co. 

STATE  OF  NEW  YORK,  ) 

.  '  i  gg  « 

COUNTY  OF  NEW  YORK,} 

On  the  I2th  day  of  June,  1905,  before  me  personally  appeared 
William  M.  Tomlins,  Jr.,  to  me  known,  who  being  by  m<e  first 
duly  sworn,  did  depose  and  say  that  he  resided  in  Borough  of 
Brooklyn,  N.  Y.  City,  in  the  State  of  New  York;  that  he  was 
the  President  of  The  Empire  State  Surety  Company,  one  of  the 
corporations  described  in  and  which  executed  the  foregoing 
bond ;  that  he  knew  the  corporate  seal  of  said  company ;  that  one 
of  the  seals  affixed  to  said  consent  was  such  corporate  seal ;  that 
it  was  affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  authority. 

[NOTARIAL  SEAL.]  R.  M.  NEUMANN, 

Notary  Public,  N.  Y.  Co. 


180 


RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY 


WITH 


INTERBOROUGH  RAPID  TRANSIT  COMPANY 


AGREEMENT 


ASSIGNING  CONTRACT  NO.  2  FOR  THE  MAINTENANCE,  OPERATION  AND 
EQUIPMENT  OF  RAPID  TRANSIT  RAILROAD. 


Dated,  August  10th,   1905. 


ASSIGNMENT     TO    INTERBOROUQH    COMPANY 

THIS  AGREEMENT  made  the  loth  day  of  August,  1905, 
by  and  between  RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COM- 
PANY, a  corporation  duly  organized  and  existing  under  the  laws 
of  the  State  of  New  York,  hereinafter  called  the  "Contractor," 
party  of  the  first  part,  and  INTERBOROUGH  RAPID  TRANSIT  COM- 
PANY, a  corporation  duly  organized  and  existing  under  the  laws 
of  the  State  of  New  York,  hereinafter  called  "Interborough  Com- 
pany," party  of  the  second  part ; 

WlTNESSETH  : 

WHEREAS,  the  Contractor  heretofore  entered  into  a  contract 
with  the  City  of  New  York  (acting  by  the  Board  of  Rapid  Tran- 
sit Railroad  Commissioners  for  the  City  of  New  York)  bearing 
date  the  2ist  day  of  July,  1902,  for  the  construction  equipment 
and  operation  of  a  rapid  transit  railroad  in  the  City  of  New  York, 
which  contract  was  thereafter  modified  in  certain  particulars  by 
agreements  between  the  said  parties  supplemental  thereto  and 
amendatory  thereof,  which  agreements  bear  date  the  23d  day  of 
December,  1904,  and  the  9th  day  of  June,  1905,  respectively,  the 
said  contract  and  agreements  amendatory  thereof  and  supple- 
mental thereto  being  together  hereinafter  referred  to  as  rapid  tran- 
sit contract  No.  2 ;  and 

WHEREAS,  Interborough  Company  was  duly  organized  under 
the  Railroad  Law  of  this  State  for  the  purposes,  among  other 
things,  of  maintaining  and  operating  the  said  railway,  and  has 
been  approved  in  writing  by  the  said  Board  of  Rapid  Transit 
Railroad  Commissioners,  pursuant  to  the  provisions  of  Chapter  4 
of  the  Laws  of  1891,  as  amended  by  Chapter  544  of  the  Laws  of 
1902,  and  the  Contractor  desires  to  assign  and  transfer  unto  In- 
terborough Company,  and  Interborough  Company  desires  to  ac- 
cept an  assignment  of  so  much  of  rapid  transit  contract  No.  2  as 
provides  for  the  maintenance  and  operation  of  the  said  railway, 
including  the  obligation  to  provide  the  equipment  for  the  same, 
subject  to  all  the  terms  and  conditions  in  said  contract  contained 
with  respect  to  such  maintenance  and  operation,  and  with  respect 
to  the  equipment  of  the  said  railroad. 

Now,  THEREFORE,  in  consideration  of  the  premises,  and  for  a 
valuable  consideration  by  Interborough  Company  to  the  Con- 
tractor in  hand  paid,  the  receipt  whereof  is  hereby  acknowledged, 
the  Contractor  has  sold,  assigned,  transferred,  conveyed  and  set 
over,  and  does  hereby  sell,  assign,  transfer,  convey  and  set  over 

183 


Assignment  to  Interborough  Company 

unto  Interborough  Company  so  much  of  rapid  transit  contract  No. 
2  as  provides  for  the  maintenance  and  operation  of  the  said  rapid 
transit  railroad  in  said  contract  described  (including  the  equip- 
ment thereof),  and  does  hereby  assign  unto  Interborough  Com- 
pany the  right  or  obligation  to  maintain  and  operate  the  said  road 
or  roads  in  rapid  transit  contract  No.  2  described,  for  and  during 
the  remainder  of  the  term  of  years  specified  in  such  contract,  and 
all  rights  'with  respect  to  such  maintenance  and  operation,  or  in- 
cluded in  the  leasing  provisions  of  such  contract,  subject  to  all  the 
terms  and  conditions  therein  stated,  together  with  all  obligations 
assumed  by  the  Contractor  in  and  by  the  said  rapid  transit  con- 
tract No.  2  with  respect  to  the  equipment  of  the  said  railroad; 
and  from  and  after  the  execution  hereof  Interborough  Company 
shall  be  entitled  to  have  and  receive  all  sums  of  money  due  or  to 
come  due  from  the  City  of  New  York  under  said  contract  for  the 
equipment  of  the  said  railroad  or  any  part  thereof,  and  for  the 
maintenance  and  operation  of  the  same,  and  shall  have  and  enjoy 
all  the  rights,  privileges,  emoluments  and  benefits  arising  under 
or  because  of  the  provisions  for  the  equipment  of  said  railroad, 
and  for  the  maintenance  and  operation  thereof  as  in  said  contract 
provided,  as  fully  as  the  Contractor  might  or  could  have  and 
enjoy  if  this  assignment  were  not  made. 

Interborough  Company  on  its  part  does  hereby  assume  all  of 
the  obligations  of  the  Contractor  under  or  by  reason  of  rapid 
transit  contract  No.  2  with  respect  to  the  equipment  of  the  said 
railroad  and  every  portion  thereof,  and  all  obligations  whatsoever 
of  the  Contractor  under  or  by  reason  of  the  leasing  provisions  of 
said  contract,  and  all  obligations  which  relate  in  any  way  to  the 
maintenance  and  operation  of  the  said  railroad  in  said  contract  de- 
scribed, and  does  hereby  agree  to  carry  out  and  perform  each  and 
every  of  the  said  obligations  as  fully  as  the  Contractor  has  been 
or  is  bound  to  do  in  and  by  the  said  contract. 

Interborough  Company  further  agrees  to  well  and  truly  in- 
demnify and  save  harmless  the  Contractor  of  and  from  any  lia- 
bility, claim  or  demand  arising  under  such  portions  of  the  rapid 
transit  contract  No.  2  as  are  hereby  assigned,  or  any  portion 
thereof. 

This  agreement  shall  bind  the  parties  hereto,  their  respective 
successors  and  assigns. 

IT  is,  HOWEVER,  UNDERSTOOD  AND  AGREED,  that  this  assignment 

184 


Assignment  to  Interborough  Company 

shall  not  take  effect  until  the  same  shall  be  consented  to  in 
writing  by  the  said  Board  of  Rapid  Transit  Railroad  Commis- 
sioners, and  such  assignment  and  consent  shall  in  no  respect  affect 
the  security  or  securities  for  the  performance  of  the  rapid  transit 
contract  No.  2  or  any  part  thereof  by  the  Contractor. 

PROVIDED,  FURTHER,  AND  IT  is  EXPRESSLY  AGREED,  that  this 
agreement  shall  take  effect  when,  and  only  when,  the  following 
consents  hereto  and  approvals  hereof  shall  be  duly  had — to  wit, 
the  consents  as  subjoined  of  Fidelity  and  Deposit  Company  of 
Maryland,  The  United  States  Fidelity  and  Guaranty  Company, 
National  Surety  Company,  The  Mino.  Indemnity  Company,  and 
The  Empire  State  Surety  Company. 

IN  WITNESS  WHEREOF,  the  party  hereto  of  the  first  part  has 
hereunto  set  his  hand  and  seal,  and  the  party  hereto  of  the  second 
part  has  caused  these  presents  to  be  duly  signed  by  its  proper 
officer  under  its  corporate  seal  the  day  and  year  first  above  written. 

RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY, 

By 
[CORPORATE  SEAL.]  AUGUST  BELMONT, 

President. 
Attest : 

H.  M.  FISHER, 

Secretary. 

INTERBOROUGH  RAPID  TRANSIT  COMPANY, 
By 

[  CORPORATE  SEAL.  ]  AUGUST    BELMONT, 

President. 
Attest : 

H.  M.  FISHER, 

Secretary. 


185 


Assignment  to  Intcrborough   Company 

STATE  OF  NEW  YORK.   ) 

ss  * 
COUNTY  OF  NEW   YORK_,J 

On  this  28th  day  of  September,  1905,  before  me  personally 
came  AUGUST  BELMONT,  to  me  known,  who,  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resided  in  the  Town  of 
Hempstead,  Nassau  County,  New  York ;  that  he  was  President  of 
Rapid  Transit  Subway  Construction  Company,  the  corporation 
described  in  and  which  executed  the  foregoing  instrument ,  that 
he  knew  the  seal  of  said  corporation ;  that  the  seal  affixed  to  said 
instrument  was  such  corporate  seal ;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  the  said  corporation,  and 
that  he  signed  his  name  thereto  by  like  order. 

CHAS.  W.  SANDFORD, 

[NOTARIAL  SEAL.]  Notary  Public,  No.  18,  Kings  County. 

Cert,  filed  in  N.  Y.  County. 

STATE  OF  NEW  YORK.  1 

ss  " 
COUNTY  OF  NEW  YORK,) 

On  this  28th  day  of  September,  1905,  before  me  personally 
came  AUGUST  BELMONT,  to  me  known,  who,  being  by  me  duly 
sworn,  did  depose  and  say:  That  he  resided  in  the  Town  of 
Hempstead,  Nassau  County,  New  York;  that  he  is  President  of 
the  Interborough  Rapid  Transit  Company,  the  corporation  de- 
scribed in  and  which  executed  the  above  instrument ;  that  he  knew 
the  seal  of  said  corporation ;  that  the  seal  affixed  to  said  instru- 
ment was  such  corporate  seal ;  that  it  was  affixed  thereto  by  order 
of  the  Board  of  Directors  of  said  Corporation  and  that  he  signed 
his  name  thereto  by  like  order. 

CHAS.  W.  SANDFORD, 

[NOTARIAL  SEAL.]  Notary  Public,  No.  18,  Kings  County. 

Cert,  filed  in  N.  Y.  County. 


186 


Assignment  to  Interborongh   Company 

The  Board  of  Rapid  Transit  Railroad  Commissioners  for  the 
City  of  New  York  does  hereby  consent  to  the  foregoing  assign- 
ment. 

Dated  New  York,  Nov.  2d,  1905. 

THE  BOARD  OF  RAPID  TRANSIT  RAILROAD  COMMISSIONERS 
FOR  THE  CITY  OF  NEW  YORK, 
By 

A.  E.  ORR, 
[SEAL  OF  THE  BOARD.]  President. 

Attest : 

BION  L.  BURROWS, 

Secretary. 

STATE  OF  XEW  FORK,"    ) 

ss  " 
COUNTY  OF  NEW  YORK,  ^ 

On  this  loth  of  November,  1905,  at  the  City  of  New  York,  in 
said  County,  before  me  personally  appeared  ALEXANDER  E.  ORR 
and  BION  L.  BURROWS,  to  me  known  and  known  to  me  to  be  the 
said  Alexander  E.  Orr,  the  president,  and  the  said  Bion  L.  Bur- 
rows, the  secretary  of  the  Board  of  Rapid  Transit  Railroad  Com- 
missioners for  the  City  of  New  York ;  and  the  said  Alexander  E. 
Orr  and  Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose 
and  say,  each  for  himself  and  not  one  for  the  other,  the  said 
Alexander  Orr,  that  he  resided  in  the  Borough  of  Brooklyn,  in 
the  said  City ;  that  he  was  the  president  of  the  said  Board  and 
that  he  subscribed  his  name  to  the  foregoing  consent  by  virtue  of 
the  authority  thereof;  and  the  said  Bion  L.  Burrows,  that  he  re- 
sided in  the  Borough  of  Manhattan,  in  the  said  City  of  New  York, 
that  he  was  the  secretary  of  the  said  Board,  and  that  he  sub- 
scribed his  name  thereto  by  like  authority;  and  both  the  said 
Alexander  E.  Orr  and  Bion  L.  Burrows  that  they  knew  the  seal 
of  the  said  Board,  that  one  of  the  seals  affixed  to  the  above  in- 
strument was  such  seal,  and  that  the  same  was  affixed  to  the  fore- 
going instrument  by  the  order  of  the  said  Board  and  of  a  resolu- 
tion duly  adopted  by  the  same,  and  that  they  signed  their  names 
thereto  by  like  order. 

H.'  A.  D.  HOLLMANN, 
[NOTARIAL  SEAL.]  Notary  Public,  Kings  County.  X.  Y. 

Certificate  filed  in  N.  Y.  Co. 
187 


Assignment  to  Interborough  Company 

THE  UNDERSIGNED,  being  the  sureties  of  RAPID  TRANSIT  SUB- 
WAY CONSTRUCTION  COMPANY,  the  Contractor  above  mentioned, 
upon  the  continuing  bond  in  the  penalty  of  one  million  dollars 
($1,000,000),  the  liability  of  each  being  limited  to  the  amounts 
in  said  continuing  bond  respectively  specified,  hereby  severally 
consent  to  the  making  of  the  foregoing  instrument. 

Dated  New  York,  August  14,  1905. 

FIDELITY  AND  DEPOSIT  COMPANY  OF  MARYLAND, 

By 
[CORPORATE  SEAL.]  HENRY  B.  PLATT, 

Vice-President. 

THE  UNITED  STATES  FIDELITY  AND  GUARANTY  COMPANY, 

By 
[CORPORATE  SEAL.]  .CHAS.  O.  SCULL, 

Vice-President. 
Attest : 

ALBERT  H.  BUCK, 

Ass't-Secretary. 

NATIONAL  SURETY  COMPANY, 

By 
[CORPORATE  SEAL.]  WM.  B.  JOYCE, 

President. 
Attest : 

DAVID  W.  ARMSTRONG,  JR.,  (SEAL.) 

Ass't.  Secretary. 

THE  JI!TNA  INDEMNITY  COMPANY, 

By 
[CORPORATE  SEAL]  BEEKMAN  HUNT, 

First  Vice-President. 
Attest : 

WYLLYS  BENEDICT, 

Assistant  Secretary. 

THE  EMPIRE  STATE  SURETY  COMPANY, 

By 
[CORPORATE  SEAL.]  DANIEL  STEWART, 

Acting  Vice-President. 
Attest : 

WALTER  J.  HONE, 

Secretary. 

1 88 


Assignment  to  Interborough  Company 
STATE  OF  NEW  YORK,    \ 


ss. 


On  the  I4th  day  of  November,  1905,  before  me  personally  ap- 
peared HENRY  B.  PLATT,  to  me  known,  who,  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resided  at  Borough  of 
Manhattan,  N.  Y.  City,  in  the  State  of  New  York;  that  he  was 
the  Vice-President  of  Fidelity  and  Deposit  Company  of  Maryland, 
one  of  the  corporations  described  in  and  which  executed  the  fore- 
going bond;  that  he  knew  the  corporate  seal  of  said  Company, 
that  one  of  the  seals  affixed  to  said  consent  was  such  corporate 
seal,  that  it  was  affixed  thereto  by  order  of  the  Board  of  Directors 
of  such  Company,  and  that  he  signed  his  name  thereto  by  like 
authority. 

A.  W.  ANDREWS, 

Notary  Public  (42), 

N.  Y.  Co. 

STATE  OF  MARYLAND.) 

ss  ' 
CITY  OF  BALTIMORE,  j 

On  this  1 5th  day  of  November,  1905,  before  me  appears  CHAS. 
O.  SCULL,  Vice-President  of  The  United  States  Fidelity  and 
Guaranty  Company,  of  Baltimore  City,  Maryland,  with  whom  I 
am  personally  acquainted,  who  .being  by  me  duly  sworn,  says  that 
he  is  Vice-President  of  The  United  States  Fidelity  and  Guaranty 
Company ;  that  he  knows  the  corporate  seal  of  the  Company ;  that 
the  seal  affixed  to  the  foregoing  instrument  is  such  corporate  seal ; 
that  it  was  affixed  by  the  order  of  the  Board  of  Directors  of  said 
Company;  that  he  signed  said  instrument  as  Vice-President  of 
said  Company  by  like  authority.  The  said  Chas.  O.  Scull  further 
says  that  he  is  acquainted  with  Albert  H.  Buck  and  knows  him  to 
be  the  Asst.  Secretary  of  the  said  The  United  States  Fidelity 
and  Guaranty  Company;  that  the  signature  of  said  Albert  H. 
Buck  subscribed  to  the  said  instrument  is  the  genuine  handwriting 
of  the  said  Albert  H.  Buck,  and  was  thereto  subscribed  by  like 
order  of  the  said  Board  of  Directors. 

A.  D.  PATRICK, 

[NOTARIAL  SEAL.]  Notary  Public. 

My  commission  expires  1st  Monday,  May,  1906. 

189 


Assignment  to  Intcrborongh 

STATE  OF  MARYLAND.)  „ 

r  i  SCT.  :  No.  1758. 

BALTIMORE  CITY,     j  /0 

I  HEREBY  CERTIFY,  that  A.  D.  Patrick,  Esquire,  before  whom 
the  annexed  affidavit  was  made,  and  who  has  thereto  subscribed 
his  name,  was  at  the  time  of  so  doing  a  Notary  Public  of  the  State 
of  Maryland,  in  and  for  the  City  of  Baltimore,  duly  commissioned 
and  sworn,  and  authorized  by  law  to  administer  oaths  and  take 
acknowledgments,  or  proof  of  deeds  to  be  recorded  therein.  I 
further  certify  that  I  am  acquainted  with  the  handwriting  of  the 
said  Notary,  and  verily  believe  the  signature  to  be  his  genuine 
signature. 

IN  TESTIMONY  WHEREOF,  I  hereto  set  my  hand  and 
affix  the  seal  of  the  Superior  Court  of  Balti- 
[OFFICIAL  more  City,  the  same  being  a  Court  of  Record. 

SEAL.]  this  I5th  day  of  November,  1905. 

ROBT.  OGLE, 
Clerk  of  the  Superior  Court  of  Baltimore  City. 

STATE  OF  NEW  YORK.    1 

s*>  ' 
COUNTY  OF  NEW  YORK,J 

On  this  i /th  day  of  November,  1905,  before  me  personally  ap- 
peared WILLIAM  B.  JOYCE,  to  me  known,  who,  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resided  in  the  Borough  of 
Manhattan,  City  of  New  York,  and  was  the  President  of  National 
Surety  Company  of  New  York,  one  of  the  corporations  described 
in  and  which  executed  the  foregoing  consent;  that  he  knew  the 
corporate  seal  of  said  Company;  that  the  seal  affixed  to  said  com 
sent  was  such  corporate  seal ;  that  it  was  affixed  thereto  by  order 
of  the  Board  of  Directors  of  such  Company,  and  that  he  signed 
his  name  thereto  by  like  order. 

A.  W.  ANDREWS, 
Notary  Public  (42), 

New  York  County. 
STATE  OF  NEW  YORK,    ) 

cc     • 

COUNTY  OF  NEW   YORK,J 

On  the  I4th  day  of  November,  1905,  before  me  personally  ap- 
peared BEEKMAN  HUNT,  to  me  known,  who  being  by  me  first  duly 

190 


Assignment  to  Intcrborongh   Company 

sworn,  did  depose  and  say  that  he  resided  in  the  Borough  of  Man- 
hattan, N.  Y.  City,  in  the  State  of  New  York;  that  he  was  the  ist 
Vice-President  of  the  .-Etna  Indemnity  Company,  one  of  the  cor- 
porations described  in  and  which  executed  the  foregoing  bond ; 
that  he  knew  the  corporate  seal  of  said  Company,  that  one  of  the 
seals  affixed  to  said  consent  was  such  corporate  seal,  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such  Com- 
pany, and  that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 

Notary  Public, 
N.  Y.  Co. 

STATE  OF  NEW  YORK.  1 

ss ' 
COUNTY  OF  NEW   YORK,J 

On  the  I4th  day  of  November,  1905,  before  me  personally  ap- 
peared DANIEL  STEWART,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resided  in  Borough  of 
Brooklyn,  N.  Y.  City,  in  the  State  of  New  York;  that  he  was 
Acting  Vice-President  of  The  Empire  State  Surety  Company, 
one  of  the  corporations  described  in  and  which  executed  the  fore- 
going bond ;  that  he  knew  the  corporate  seal  of  said  Company, 
that  one  of  the  seals  affixed  to  said  consent  was  such  corporate 
seal,  that  it  was  affixed  thereto  by  order  of  the  Board  of  Directors 
of  such  Company,  and  that  he  signed  his  name  thereto  by  like 
authority. 

A.  W.  ANDREWS, 

[NOTARIAL  SEAL.]  Notary  Public  (42), 

N.  Y.  Co. 


191 


THE    CITY    OF    NEW    YORK, 

BY  ITS  RAPID  TRANSIT  BOARD, 


WITH 


RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY 


AND 


INTERBOROUGH   RAPID  TRANSIT  COMPANY 


AGREEMENT 


CONSENTING  TO  ASSIGNMENT  OF  CONTRACT  NO.  2  FOR  THE  MAINTEN- 
ANCE, OPERATION  AND  EQUIPMENT  OF  RAPID 
TRANSIT  RAILROAD. 


Dated,  August  10th,   1905. 


CONSENT    TO    ASSIGNMENT 

AGREEMENT  made  this  loth  day  of  August,  1905,  by  and 
between  the  CITY  OF  XEW  YORK  (acting  by  its  Board  of  Rapid 
Transit  Railroad  Commissioners),  party  of  the  first  part,  RAPID 
TRANSIT  SUBWAY  CONSTRUCTION  COMPANY,  a  corporation  duly 
organized  and  existing  under  the  laws  of  the  State  of  New  York, 
party  of  the  second  part,  and  INTERBOROUGH  RAPID  TRANSIT 
COMPANY,  a  corporation  duly  organized  and  existing  under  the 
laws  of  the  State  of  New  York,  party  of  the  third  part,  WIT- 
NESSETII  : 

WHEREAS,  the  said  Rapid  Transit  Subway  Construction  Com- 
pany heretofore  entered  into  a  contract  with  the  City  of  New 
York  (acting  by  the  Board  of  Rapid  Transit  Railroad  Commis- 
sioners for  the  City  of  Xew  York),  bearing  date  the  2ist  day  of 
July,  1902.  for  the  construction,  equipment  and  operation  of  a 
rapid  transit  railroad  in  the  City  of  Xew  York,  which  contract 
(hereinafter  called  rapid  transit  contract  No.  2)  was  thereafter 
modified  by  certain  agreements  supplemental  thereto  and  amenda- 
tory thereof;  and 

WHEREAS,  the  said  Rapid  Transit  Subway  Construction  Com- 
pany has  assigned  or  is  about  to  assign  unto  Interborough  Rapid 
Transit  Company,  by  an  instrument  bearing  even  date  herewith, 
with  the  consent  in  writing  of  the  sureties  upon  the  bond  given  by 
said  Rapid  Transit  Subway  Construction  Company  pursuant  to 
said  contract,  so  much  of  the  said  contract  as  provides  for  the 
maintenance  and  operation  of  the  railway  therein  described,  in- 
cluding the  obligation  to  provide  all  equipment  for  the  same,  sub- 
ject to  all  the  terms  and  conditions  in  said  contract  contained  with 
respect  to  such  maintenance  and  operation  and  with  respect  to  the 
equipment  of  the  said  railroad,  to  which  assignment  reference  is 
hereby  had.  and  the  said  parties  have  requested  the  said  Board 
of  Rapid  Transit  Railroad  Commissioners  to  consent  to  the  said 
assignment  as  provided  by  law ;  and 

WHEREAS,  the  said  Board  of  Rapid  Transit  Railroad  Commis- 
sioners is  willing  to  consent  to  such  assignment,  but  only  upon 
the  execution  and  delivery  to  said  Board  for  said  City  of  this 
instrument. 


195 


Consent  to  Assignment 

Now,  THEREFORE,  IN  CONSIDERATION  of  the  premises  and  of  the 
covenants  hereinafter  contained,  The  City  of  New  York,  by  its 
said  Board  of  Rapid  Transit  Railroad  Commissioners  hereby  con^ 
sents  to  the  said  assignment  to  Interborough  Rapid  Transit  Com- 
pany and  to  the  execution  of  the  said  instrument  bearing  even 
date  herewith. 

And  the  said  Interborough  Rapid  Transit  Company  hereby  cove- 
nants to  and  with  The  City  of  New  York  that  it  is,  and  shall  here- 
after in  all  respects  be,  bound  to  The  City  of  New  York  with 
respect  to  the  equipment  of  the  said  railroad  mentioned  in  the 
said  instrument  and  every  portion  thereof  and  all  obligations  what- 
soever of  the  contractor  under  or  by  reason  of  the  leasing  pro- 
visions of  said  rapid  transit  contract  No.  2  and  all  obligations 
thereof  or  thereunder  which  relate  in  any  way  to  the  maintenance 
or  operation  of  the  railroad  in  the  said  rapid  transit  contract  de- 
scribed, and  does  hereby  agree  to  carry  out  and  perform  each 
and  every  of  the  said  obligations  as  fully  as  the  Contractor  has 
been  or  is  bound  to  do  in  and  by  the  said  rapid  transit  contract 
No.  2.  And  the  said  Interborough  Rapid  Transit  Company  fur- 
ther covenants  to  and  with  the  City  that  the  said  Rapid  Transit 
Subway  Construction  Company,  its  successors  and  assigns,  shall 
fully  perform  all  the  obligations  and  comply  with  all  the  provis- 
ions and  terms  of  said  contract  which  are  not  assigned  to  and 
assumed  by  said  Interborough  Rapid  Transit  Company  in  and  by 
the  said  instrument  bearing  even  date  herewith. 

This  agreement  shall  bind  the  parties  hereto,  their  respective 
successors  and  assigns. 

PROVIDED  FURTHER,  and  it  is  expressly  agreed,  that  this  agree- 
ment shall  take  effect  when,  and  only  when,  the  following  consents 
hereto  and  approvals  hereof  shall  be  duly  had — to  wit,  the  con- 
sents as  subjoined  of  the  FIDELITY  AND  DEPOSIT  COMPANY  OF 
MARYLAND,  THE  UNITED  STATES  FIDELITY  AND  GUARANTY  COM- 
PANY, the  NATIONAL  SURETY  COMPANY,  the  ^ETNA  INDEMNITY 
COMPANY  and  the  EMPIRE  STATE  SURETY  COMPANY. 

IN  WITNESS  WHEREOF,  ihe  party  of  the  first  part  has  caused 
these  presents  to  be  duly  executed  by  its  said  Board  of  Rapid 
Transit  Railroad  Commissioners  under  the  seal  of  the  said  Board, 
and  the  parties  of  the  second  and  third  parts  respectively  have 

196 


Consent  to  Assignment 

caused  these  presents  to  be  duly  executed  by  their  proper  officers 
under  their  corporate  seals  the  day  and  year  first  above  written. 

THE  CITY  OF  NEW  YORK,  BY  THE  BOARD 
OF  RAPID  TRANSIT  RAILROAD  COMMIS- 
SIONERS OF  THE  CITY  OF  NEW  YORK, 

[SEAL  OF  THE  BOARD.]  By  A.  E.  ORR, 

President. 
Attest : 

BION  L.  BURROWS, 

Secretary. 

INTERBOROUGH  RAPID  TRANSIT  COMPANY, 
[CORPORATE  SEAL.]  By  AUGUST  BELMONT, 

President. 
Attest : 

H.  M.  FISHER, 

Secretary. 

RAPID   TRANSIT   SUBWAY  CONSTRUCTION 

COMPANY, 
[CORPORATE  SEAL.]  By  AUGUST  BELMONT, 

President. 
Attest : 

H.  M.  FISHER, 

Secretary. 


197 


Consent  to  Assignment 

STATE  OF  NEW  YORK.  ) 

ss  ' 
COUNTY  OF  NEW   YORK,] 

On  this  28th  day  of  September,  in  the  year  1905,  before  me  per- 
sonally came  AUGUST  BELMONT,  to  me  known,  who,  being  by  me 
duly  sworn,  did  depose  and  say  that  he  resided  in  Hempstead, 
Nassau  County,  New  York;  that  he  is  the  President  of  the  Inter- 
borough  Rapid  Transit  Company,  the  corporation  described  in 
and  which  executed  the  above  instrument;  that  he  knew  the  seal 
of  said  corporation;  that  the  seal  affixed  to  said  instrument 
was  such  corporate  seal;  that  it  was  so  affixed  by  order  of  the 
Board  of  Directors  of  said  corporation,  and  that  he  signed  his 
name  thereto  by  like  order. 

CHAS.  W.  SANDFORD, 

[NOTARIAL  SEAL.]  Notary  Public,  No.  18, 

Kings  County. 
Cert,  filed  in  N.  Y.  County. 

STATE  OF  NEW  YORK,  j 


On  this  28th  day  of  September.  1905,  before  me  personally  came 
AUGUST  BELMONT,  to  me  known,  who,  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  resided  in  the  Town  of  Hemp- 
stead,  Nassau  County,  New  York;  that  he  was  President  of  the 
Rapid  Transit  Subway  Construction  Company,  the  corporation 
described  in  and  which  executed  the  foregoing  instrument;  that 
he  knew  the  seal  of  said  corporation,  that  the  seal  affixed  to  said 
instrument  was  such  corporate  seal,  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  the  said  corporation,  and 
that  he  signed  his  name  thereto  by  like  order. 

CHAS.  W.  SANDFORD. 

[NOTARIAL  SEAL.]  Notary  Public,  No.  18, 

Kings  County. 
Cert,  filed  in  N.  Y.  County. 

STATE  OF  NEW  YORK.   / 

V.   «;g     • 

COUNTY  OF  NEW  YORK,]    ' 

On  this  loth  day  of  November,  1905,  at  the  City  of  New  York, 
in  said  County,  before  me  personally  appeared  ALEXANDER  E.  ORR 
and  BION  L.  BURROWS,  to  me  known  and  known  to  me  to  be  the 

198 


Consent  to  Assignment 

said  Alexander  E.  Orr.  the  president,  and  the  said  Bion  L.  Bur- 
rows, the  secretary  of  the  Board  of  Rapid  Transit  Railroad  Com- 
missioners for  the  City  of  Xew  York ;  and  the  said  Alexander  E. 
Orr  and  Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose 
and  say,  each  for  himself  and  not  one  for  the  other,  the  said  Alex- 
ander Orr,  that  he  resided  in  the  Borough  of  Brooklyn,  in  the 
said  City;  that  he  was  the  president  of  the  said  Board  and  that 
he  subscribed  his  name  to  the  foregoing  consent  by  virtue  of  the 
authority  thereof ;  and  the  said  Bion  L.  Burrows,  that  he  resided 
in  the  Borough  of  Manhattan,  in  the  said  City  of  New  York,  that 
he  was  the  secretary  of  the  said  Board,  and  that  he  subscribed  his 
name  thereto  by  like  authority;  and  both  the  said  Aexander  E. 
Orr  and  Bion  L.  Burrows  that  they  knew  the  seal  of  the  said 
Board,  that  one  of  the  seals  affixed  to  the  above  instrument  was 
such  seal  and  that  the  same  was  affixed  to  the  foregoing  instru- 
ment by  the  order  of  the  said  Board  and  of  a  resolution  duly 
adopted  by  the  same,  and  that  they  signed  their  names  thereto  by 
like  order. 

H.  A.  D.  HOLLMANN, 

[NOTARIAL  SEAL.]  Notary  Public,  Kings  County,  N.  Y. 

Certificate  filed  in  N.  Y.  Co. 


199 


Consent  to  Assignment 

THE  UNDERSIGNED,  being  the  sureties  of  Rapid  Transit  Sub- 
way Construction  Company,  the  Contractor  above  mentioned,  upon 
the  continuing  bond  in  the  penalty  of  One  Million  Dollars 
($1,000,000),  the  liability  of  each  being  limited  to  the  amounts 
in  said  continuing  bonds  respectively  specified,  hereby  severally 
consent  to  the  making  of  the  foregoing  instrument. 

Dated  New  York,  August  loth,  1905. 

FIDELITY     AND     DEPOSIT     COMPANY     OF 
MARYLAND, 

By  HENRY  B.  PLATT, 
[CORPORATE  SEAL.]  Vice-President. 

THE  UNITED  STATES  FIDELITY  AND  GUAR- 
ANTY COMPANY, 

By  CHAS.  O.  SCULL, 

[CORPORATE  SEAL.]  President. 

Attest  : 

ALBERT  H.  BUCK, 
Asst.  Secretary. 

NATIONAL  SURETY  COMPANY, 

By  WM.  B.  JOYCE, 

[CORPORATE  SEAL.]  President. 

Attest  : 

DAVID  W.  ARMSTRONG,  JR., 

Asst.  Secretar. 


THE  ^ETNA  INDEMNITY  COMPANY, 

By  BEEKMAN  HUNT, 

[CORPORATE  SEAL.]  First  Vice-President. 

Attest  : 

WYLLYS  BENEDICT, 

Assistant  Secretary. 

THE  EMPIRE  STATE  SURETY  COMPANY, 

By  DANIEL  STEWART, 

[CORPORATE  SEAL.]  Acting  Vice-President. 

Attest  : 

WALTER  J.  HONE, 
Secretary. 


200 


Consent  to  Assignment 

STATE  OF  NEW  YORK.  ) 

ss  * 
COUNTY  OF  NEW  YORK,] 

On  the  I4th  day  of  November,  1905,  before  me  personally  ap- 
peared HENRY  B.  PLATT,  to  me  known,  who,  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resided  at  Borough  of 
Manhattan,  N.  Y.  City,  in  the  State  of  New  York;  that  he  was 
the  Vice-President  of  Fidelity  and  Deposit  Company  of  Mary- 
land, one  of  the  corporations  described  in  and  which  executed 
the  foregoing  bond ;  that  he  knew  the  corporate  seal  of  said  Com- 
pany ;  that  one  of  the  seals  affixed  to  said  consent  was  such  cor- 
porate seal;  that  it  was  affixed  thereto  by  order  of  the  Board  of 
Directors  of  such  Company,  and  that  he  signed  his  name  thereto 
by  like  authority. 

A.  W.  ANDREWS, 

Notary  Public  (42), 

N.  Y.  Co. 

STATE  OF   MARYLAND.) 

ss  ° 
CITY  OF  BALTIMORE,  j 

On  this  1 5th  day  of  November,  1905,  before  me  appears  Chas. 
O.  Scull,  Vice  President  of  The  United  States  Fidelity  and  Guar- 
anty Company,  of  Baltimore  City,  Maryland,  with  whom  I  am 
personally  acquainted,  who  being  by  me  duly  sworn,  says  that  he 
is  Vice-President  of  the  The  United  States  Fidelity  and  Guaranty 
Company ;  that  he  knows  the  corporate  seal  of  the  Company ;  that 
the  seal  affixed  to  the  foregoing  instrument  is  such  corporate  seal ; 
that  it  was  affixed  by  the  order  of  the  Board  of  Directors  of  said 
Company ;  that  he  signed  said  instrument  as  Vice-President  of 
said  Company  by  like  authority.  The  said  Chas.  O.  Scull  further 
says  that  he  is  acquainted  with  Albert  H.  Buck  and  knows  him 
to  be  the  Asst.  Secretary  of  the  said  The  United  States  Fidelity 
and  Guaranty  Company ;  that  the  signature  of  the  said  Albert  H. 
Buck  subscribed  to  the  said  instrument  is  the  genuine  hand- 
writing of  the  said  Albert  H.  Buck,  and  was  thereto  subscribed 
by  like  order  of  the  said  .Board  of  Directors. 

A.  D.  PATRICK, 

.  [NOTARIAL  SEAL.]  Notary  Public. 

My  commission  expires  ist  Monday  May,  1906. 


20 1 


Consent  to  Assignment 

i 
STATE   OF   MARYLAND.) 

r>  r  i    SCT-  :  NO 

BALTIMORE   CITY,     j 

I  HEREBY  CERTIFY,  That  A.  D.  Patrick  Esquire,  before  whom 
the  annexed  affidavits  were  made,  and  who  has  thereto  sub- 
scribed his  name,  was  at  the  time  of  so  doing,  a  Notary  Public 
of  the  State  of  Maryland,  in  and  for  the  City  of  Baltimore,  duly 
commissioned  and  sworn,  and  authorized  by  law  to  administer 
oaths  and  take  acknowledgments,  or  proof  of  deeds  to  be  recorded 
therein.  I  further  certify  that  I  am  acquainted  with  the  hand- 
writing of  the  said  Notary,  and  verily  believe  the  signature  to 
be  his  genuine  signature. 

IN  TESTIMONY  WHEREOF,  I  hereto  set  my  hand 

and  affix  the  seal  of  the  Superior  Court  of 

[OFFICIAL  SEAL.]        Baltimore  City,  the  same  being  a  Court  of 

Record,  this  i5th  day  of  November,  1905. 

ROBT.  OGLE, 
Clerk  of  the  Superior  Court  of  Baltimore  City. 

STATE  OF  NEW  YORK,  ) 

ss. ; 
COUNTY  OF  NEW  YORK.J 

On  the  1 7th  day  of  November,  1905,  before  me  personally  ap- 
peared WILLIAM  B.  JOYCE,  to  me  known,  who,  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resided  in  the  Borough  of 
Manhattan,  City  of  New  York,  and  was  the  President  of  the 
National  Surety  Company  of  New  York,  one  of  the  corporations 
described  in  and  which  executed  the  foregoing  consent;  that  he 
knew  the  corporate  seal  of  said  company ;  that  one  of  the  seals 
affixed  to  said  consent  was  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  Company,  and 
he  signed  his  name  thereto  by  like  order. 

A.  W.  ANDREWS, 

Notary  Public  (42), 

N.  Y.  Co. 

STATE  OF  NEW  YORK.  ) 

ss  * 
COUNTY  OF  NEW  YORK,| 

On  the  I4th  day  of  November,  1905,  before  me  personally  ap- 
peared BEEKMAN  HUNT,  to  me  known,  who,  being  by  me  first 

202 


Consent  to  Assignment 

duly  sworn,  did  depose  and  say  that  he  resided  in  the  Borough  of 
Manhattan,  N.  Y.  City,  in  the  State  of  New  York ;  that  he  was  the 
ist  Vice-President  of  The  ^tna  Indemnity  Company,  one  of  the 
corporations  described  in  and  which  executed  the  foregoing  bond ; 
that  he  knew  the  corporate  seal  of  such  Company ;  that  one  of  the 
seals  affixed  to  said  consent  was  such  corporate  seal;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such  Com- 
pany, and  that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 

Notary  Public  (42), 

N.  Y.  Co. 

STATE  OF  NEW  YORK.  ) 

ss  * 
COUNTY  OF  NEW  YORK,] 

On  the  14  day  of  November,  1905,  before  me  personally  ap- 
peared DANIEL  STEWART,  to  me  known,  who,  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resided  in  Borough  of 
Brooklyn,  N.  Y.  City,  in  the  State  of  New  York;  that  he  was 
Acting  Vice-Prasident  of  The  Empire  State  Surety  Company,  one 
of  the  corporations  described  in  and  which  executed  the  foregoing 
bond ;  that  he  knew  the  corporate  seal  of  said  Company ;  that  one 
of  the  seals  affixed  to  said  consent  was  such  corporate  seal ;  that 
it  was  affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
Company,  and  that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 
[NOTARIAL  SEAL.]  Notary  Public  (42), 

N.  Y.  Co. 


203 


THE  CITY  OF    NEW   YORK, 

BY  ITS  RAPID  TRANSIT  BOARD, 


WITH 


RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY, 


AND 


INTERBOROUGH  RAPID  TRANSIT  COMPANY 

Contract  Jlo.  Z 


AGREEMENT 

MODIFYING   CONTRACT  FOR  CONSTRUCTION   AND  OPERATION  OF 
RAPID  TRANSIT  RAILROAD. 

COMPUTATION  OF  RENTALS. 


Dated,   14  December,   1905. 


COMPUTATION    OF    RENTALS 

AGREEMENT    made  .this     I4th     day    of    December,     in    the 
year  one  thousand  nine  hundred  and  five,  between  THE  CITY  OF 
NEW  YORK  (hereinafter  called  "the  City"),  acting  by  the  Board 
of  Rapid  Transit  Railroad  Commissioners  for  the  City  of  New 
York  (hereinafter  called  "the  Board"),  party  of  the  first  part., 
and  RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY  (herein 
after  called  "  the  Contractor  ")  and  INTERBOROUGH  RAPID  TRAN- 
SIT COMPANY'"   (hereinafter  called  "Interborough  Company") 
parties  of  the  second  part. 

WHEREAS,  the  City,  acting  by  the  Board,  heretofore  entered 
into  a  contract  with  the  Contractor,  bearing  date  the  2ist  day 
of  July,  1902,  for  the  construction  and  operation  of  a  rapid 
transit  railroad  in  the  City  of  New  York  (hereinafter  called 
"the  Railroad"),  which  contract  has  since  been  modified  in 
certain  particulars  by  certain  agreements  between  the  parties, 
and  which  contract  as  so  modified  is  hereinafter  called  "  Con- 
tract No.  2.  ";  and 

WHEREAS,  by  Contract  No.  2.  the  City  let  the  Railroad  to 
the  Contractor  for  the  term  therein  mentioned,  the  said  term 
to  be  thirty-five  years  and  to  run  from  the  date  on  which  the 
Railroad  should  be  declared  by  the  Board  to  be  ready  for  op- 
eration ;  and 

WHEREAS,  by  written  instruments  bearing  date  the  10th  day 
of  August,  1905,  the  Contractor,  with  the  written  consent  of 
the  Board,  concurred  in  by  six  members  thereof,  duly  assigned 
unto  Interborough  Company  the  right  or  obligation  to  main- 
tain and  operate  the  Railroad  for  the  term  of  years  specified 
in  the  said  contract  and  all  rights  included  in  the  leasing  pro- 
visions of  the  said  contract,  together  with  the  obligation  to 
provide  equipment  for  said  Railroad,  and  the  said  company 
also  guaranteed  the  performance  by  the  Contractor  of  the  pro- 
visions of  the  contract  not  so  assigned  to  it;  and 

WHEREAS,  the  Contractor  opened  for  operation  a  portion  of 
the  Railroad  from  the  northern  terminus  of  the  road  to  the 
Fulton  Street  station,  including  the  eastern  platform  of  said 
station,  and  began  passenger  traffic  on  said  portion  of  the 
Railroad  on  Monday,  January  16,  1905 ;  and  the  Contractor 
opened  for  operation  that  portion  of  the  Railroad  lying  be- 
tween Fulton  and  Rector  Streets,  including  both  the  east  and 
west  sides  of  the  Wall  Street  station,  and  also  the  west  side  of 


207 


Computation  of  Rentals 

the  Fulton  Street  station,  and  began  passenger  traffic  on  said 
portion  of  the  Railroad  on  Monday,  June  12,  1905;  and  the 
Contractor  opened  for  operation  that  portion  of  the  Railroad 
lying  south  of  the  Wall  Street  station  to  and  including  the 
South  Ferry  station,  and  began  passenger  traffic  on  said  por- 
tion of  the  Railroad  on  Monday,  July  10,  1905;  all  of  which 
was  authorized  and  approved  by  the  Board,  subject  to  pay- 
ment of  rental  as  provided  in  the  contract;  and 

WHEREAS,  Contract  No.  2  provides  that  the  rental  shall  be- 
gin on  the  date  of  the  declaration  of  the  Board  that  the  Rail- 
road is  ready  for  operation,  or,  if  the  Board  shall  so  direct, 
the  date  when  passenger  traffic  on  the  Railroad  shall  begin, 
but  fails  to  provide  fully  for  ascertaining  the  amount  of  rental 
to  be  paid  in  case  less  than  the  entire  Railroad  is  declared  to 
be  ready  for  operation,  and  doubts  have  therefore  arisen  as 
to  the  manner  in  which  the  rental  should  be  ascertained  in  re- 
spect to  those  portions  of  the  Railroad  which  have  been  oper- 
ated from  and  after  January  16,  1905,  as  aforesaid;  and  the 
parties  of  the  second  part  desire  and  request  a  further  modifi- 
cation of  the  contract  so  as  to  remove  such  doubts  and  also 
so  as  to  provide  a  method  for  ascertaining  the  rental  to  be  paid 
on  such  portions  of  the  Railroad  less  than  the  whole  as  may 
be  put  in  operation  from  time  to  time  hereafter. 

Now,  THEREFORE,  THIS  AGREEMENT  wiTNESSETH  that  in  con- 
sideration of  the  terms  and  subject  to  the  consents  hereinafter 
provided,  it  is  AGREED  as  follows : 

FIRST:  The  Interborough  Company  shall  and  will  pay  the  City 
rental  for  the  portions  of  the  Railroaxl  above  described  as  fol- 
lows: 

(A.) — With  respect  to  that  portion  of  the  Railroad  operated 
as  aforesaid  beginning  January  16,  1905,  rental  shall  be  fixed 
and  ascertained  in  the  following  manner,  viz :  the  cost  of  the 
said  portion  shall  for  the  purposes  of  this  agreement  (and  for 
no  other  purpose)  be  taken  and  assumed  to  be  the  sum  of 
$27,397.26,  being  such  a  proportion  of  Two  million  dollars 
(the  contract  price  of  the  entire  Railroad),  as  550  feet  (the 
length  of  single  track  contracted  for  and  constructed  in  the 
portion  operated  January  16,  1905)  bears  to  40,150  feet  (the 
length  of  single  track  contracted  for  in  the  entire  Railroad)  ;  to- 
gether with  the  cost  of  all  extra  work  duly  authorized  in  the  por- 

208 


Computation  of  Rentals 

tion  operated  January  16,  1905,  less  the  cost  of  all  work  duly 
directed  to  be  omitted  therefrom.  The  rental  shall  be  the  per- 
centage of  such  cost  to  be  computed  in  the  same  manner  and 
on  the  same  basis  as  though  the  said  portion  of  the  Railroad 
operated  January  16,  1905,  constituted  the  whole  of  the  Rail- 
road, and  shall  be  paid  from  and  including  January  16,  1905, 
up  to  and  including  June  n,  1905. 

(B.) — With  respect  to  that  portion  of  the  Railroad  oper- 
ated as  aforesaid  from  June  12,  1905,  to  July  10,  1905,  rental 
shall  be  fixed  and  ascertained  in  the  following  manner,  viz : 
the  cost  of  the  said  portion  shall  for  the  purposes  of  this  agree- 
ment (and  for  no  other  purpose)  be  taken  and  assumed  to  be 
the  sum  of  $241,594.02,  being  such  a  proportion  of  Two  million 
dollars  (the  contract  price  of  the  entire  Railroad),  as  4,850 
feet  (the  length  of  single  track  contracted  for  and  constructed 
in  the  portion  operated  between  June  12  and  July  10,  1905) 
bears  to  40,150  feet  (the  length  of  single  track  contracted  for 
in  the  entire  Railroad)  ;  together  with  the  cost  of  all  extra  work 
duly  authorized  in  the  portion  operated  between  June  12  and  July 
10,  1905,  less  the  cost  of  all  work  duly  directed  to  be  omitted 
therefrom.  The  rental  shall  be  the  percentage  of  such  cost 
to  be  computed  in  the  same  manner  and  on  the  same  basis  as 
though  the  said  portion  of  the  Railroad  operated  between  June 
12  and  July  10,  1905,  constituted  the  whole  of  the  Railroad, 
and  shall  be  paid  from  and  including  June  12,  1905,  up  to  and 
including  July  9,  1905. 

(C.) — With  respect  to  that  portion  of  the  Railroad  operated 
as  aforesaid  from  and  after  July  10,  1905,  rental  shall  be  fixed 
and  ascertained  in  the  following  manner,  viz. :  the  cost  of  the 
said  portion  shall  for  the  purposes  of  this  agreement  (and  for 
no  other  purpose)  be  taken  and  assumed  to  be  the  sum  of 
$525,529.26,  being  such  a  proportion  of  Two  million  dollars 
(the  contract  price  of  the  entire  Railroad),  as  10,550  feet  (the 
length  of  single  track  contracted  for  and  constructed  in  the 
portion  operated  since  July  10,  1905),  bears  to  40,150  feet  (the 
length  of  single  track  contracted  for  in  the  entire  Railroad)  ; 
together  with  the  cost  of  all  extra  work  duly  authorized  in  the 
portion  operated  since  July  10,  1905,  less  the  cost  of  all  work 
duly  directed  to  be  omitted  therefrom.  The  rental  shall  be  the 
percentage  of  such  cost  to  be  computed  in  the  same  manner 
and  on  the  same  basis  as  though  the  said  portion  of  the  Rail- 

209 


Computation  of  Rentals 

road  operated  since  July  10,  1905,  constituted  the  whole  of  the 
Railroad,  and  shall  be  paid  from  and  including  July  10,  1905, 
up  to  and  including  the  time  when  any  additional  portions  of 
the  Railroad  shall  be  put  in  operation. 

SECOND  :  In  addition  to  the  amount  so  ascertained  with  respect 
to  the  said  portions  of  the  Railroad,  a  further  sum  shall  be 
paid  as  rental,  which  shall  be  equal  to  the  interest  payable  by 
the  City  upon  such  bonds,  if  any,  as  may  have  been  issued  by 
the  City  to  provide  means  to  pay  for  rights  of  way  used  for  or 
in  connection  with  the  portions  of  the  Railroad  above  de- 
scribed, and  which  rights  of  way  shall  have  been  acquired  on, 
under,  through  or  over  lands  not  belonging  to  the  City. 

THIRD  :  From  time  to  time  as  further  portions  of  the  Railroad 
are  permitted  by  the  Board  to  be  operated  after  the  date  of 
this  agreement,  if  the  same  shall  (with  the  portions  heretofore 
permitted  to  be  operated)  constitute  less  than  the  entire  Rail- 
road as  described  in  the  contract,  the  Interborough  Company 
shall  and  will  pay  to  the  City  rental  for  such  portions  of  the 
Railroad,  which  rental  shall  be  fixed  and  ascertained  on  the 
principles  and  in  the  manner  hereinabove  provided  with  re- 
spect to  the  portions  of  the  Railroad  operated,  as  above  stated, 
on  and  after  January  16,  1905.  But  beginning  with  the  day 
from  which  the  entire  Railroad  is  declared  by  the  Board  to  be 
ready  for  operation  the  rental  shall  be  the  rental  required  in 
the  contract  to  be  paid  therefor. 

FOURTH  :  Nothing  in  this  instrument  shall  be  construed  to  re- 
lieve the  parties  hereto  of  the  second  part,  or  either  of  them, 
from  the  obligation  of  completing  the  Railroad  and  the  equip- 
ment thereof,  or  from  any  other  obligations  which  they,  or 
either  of  them,  have  assumed  under  Contract  No.  2  or  other- 
wise; nor  to  affect  the  amount  of  rental  to  be  paid  for  ter- 
minals or  real  estate  acquired  in  fee,  or  the  amount  of  rental 
to  be  paid  for  the  use  of  the  Railroad  from  and  after  the  time 
when  the  whole  of  the  said  Railroad  shall  be  declared  ready  for 
operation ;  it  being  the  sole  purpose  of  this  Agreement  to  pro- 
vide a  means  of  fixing  and  ascertaining  the  amount  of  rental 
to  be  paid  for  the  use  of  various  parts  of  the  Railroad  from  the 
several  times  when  such  parts  are  permitted  by  the  Board  to 
be  operated,  down  to  the  day  when  the  whole  of  the  Railroad 
is  declared  by  the  Board  to  be  ready  for  operation. 


210 


Computation  of  Rentals 

PROVIDED,  HOWEVER,  and  it  is  expressly  AGREED  that  this 
Agreement  shall  take  effect  when  and  only  when  the  following 
consents  hereto  shall  be  duly  had,  to  wit : 

The  consents  as  subjoined  of  the  Contractors  sureties,  to 
wit: 

Fidelity  and  Deposit  Company  of  Maryland, 

The  United  States  Fidelity  and  Guaranty  Company, 

National  Surety  Company, 

The  ^Etna  Indemnity  Company,  and 

The  Empire  State  Surety  Company. 

IN  WITNESS  WHEREOF,  this  contract  has  been  executed 
for  the  City  of  New  York  by  its  Board  of  Rapid  Transit 
Railroad  Commissioners,  under  and  by  resolution  duly  adopted 
by  said  Board  and  concurred  in  by  more  than  six  of  its  mem- 
bers, and  the  seal  of  the  said  Board  has  been  hereto  affixed  and 
these  presents  signed  by  the  President  and  Secretary  of  the 
said  Board,  and  the  parties  of  the  second  part  have  caused  their 
corporate  seals  to  be  hereto  affixed  and  these  presents  to  be 
executed  by  their  proper  officers  on  the  day  and  the  year  first 
above  written. 

BOARD  OF  RAPID  TRANSIT  RAILROAD  COMMISSIONERS  FOR  THE 

CITY  OF  NEW  YORK, 
[SEAL  OF  THE  BOARD.]  By  A.  E.  ORR, 

President. 
Attest : 

BION  L.  BURROWS, 

Secretary. 

RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY, 
[CORPORATE  SEAL.]  By  E.  P.  BRYAN, 

Vice-President. 
Attest : 

H.  M.  FISHER, 

Secretary. 

INTERBOROUGH  RAPID  TRANSIT  COMPANY, 
[CORPORATE  SEAL.]  By  E.  P.  BRYAN, 

Vice-President. 
Attest : 

H.  M.  FISHER, 

Secretary. 


211 


Computation  of  Rentals 


APPROVAL  BY  COMPTROLLER. 

THE     FOREGOING     CONTRACT    IS     HEREBY     AP- 
PROVED. 

H.  A.  METZ, 

Comptroller. 


APPROVAL  BY  CORPORATION  COUNSEL. 

THE     FOREGOING     CONTRACT     IS    HEREBY     AP- 
PROVED AS  TO  FORM. 

G.  L.  STERLING, 

Acting  Corporation   Counsel. 


2T2 


Computation  of  Rentals 

STATE  OF  NEW  YORK.  ) 

ss  ' 
COUNTY  OF  NEW  YORK,]    ' 

On  the  22  day  of  Jany,  1906,  before  me  personally  appeared 
Alexander  E.  Orr  and  Bion  L.  Burrows,  to  me  known  and 
known  to  me  to  be,  the  said  Alexander  E.  Orr,  the  president, 
and  the  said  Bion  L.  Burrows,  the  secretary  of  the  Board  of 
Rapid  Transit  Railroad  Commissioners  for  the  City  of  New  York ; 
and  the  said  Alexander  E.  Orr  and  Bion  L.  Burrows,  being  by 
me  duly  sworn,  did  depose  and  say,  each  for  himself  and  not  one 
for  the  other,  the  said  Alexander  E.  Orr,  that  he  resides  in  the 
Borough  of  Brooklyn,  in  the  said  City,  that  he  is  the  president 
of  the  said  Board  and  that  he  subscribed  his  name  to  the  fore- 
going contract  by  virtue  of  the  authority  thereof;  and  the  said 
Bion  L.  Burrows,  that  he  resides  in  the  Borough  of  Brooklyn,  in 
the  said  City  of  New  York,  that  he  is  the  secretary  of  the  said 
Board  and  that  he  subscribed  his  name  thereto  by  like  authority ; 
and  both  the  said  Alexander  E.  Orr  and  Bion  L.  Burrows  that 
they  know  the  seal  of  the  said  Board  and  that  the  same  was  af- 
fixed to  the  foregoing  instrument  by  the  authority  of  the  said 
Board  and  of  a  resolution  duly  adopted  by  the  same. 

H.  A.  D.  HOLLMANN, 
[NOTARIAL  SEAL.]  Notary  Public,  Kings  Co.,  N.  Y. 

Certificate  filed  in  N.  Y.  Co. 

STATE  OF  NEW  YORK,  ) 

ss  ° 
COUNTY  OF  NEW  YORK.J 

On  the  10  day  of  January,  1906,  before  me  personally  ap- 
peared E.  P.  Bryan,  to  me  known,  who  being-  by  me  first  duly 
sworn,  did  depose  and  say,  that  he  resides  in  Bound,  Brook,  the 
State  of  New  Jersey ;  that  he  is  the  Vice-President  of  Rapid  Tran- 
sit Subway  Construction  Company,  one  of  the  corporations  de- 
scribed in  and  which  executed  the  foregoing  contract;  that  he 
knows  the  corporate  seal  of  said  company;  that  one  of  the  seals 
affixed  to  said  consent  is  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  said  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

CHAS.  W.  SANDFORD, 
[NOTARIAL  SEAL.]          Xotary  Public  No.  18,  Kings  County. 

Certificate  filed  in  N.  Y.  County. 


213 


Computation  of  Rentals 

STATE  OF  NEW  YORK.  ) 

ss  ' 
COUNTY  OF  NEW  YORK.J 

On  this  loth  day  of  January,  1906,  before  me  personally  ap- 
peared E.  P.  Bryan,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say,  that  he  resides  in  Bound  Brook,  Som. 
Co.,  in  the  State  of  New  Jersey;  that  he  is  the  President  of 
Interborough  Rapid  Transit  Company,  one  of  the  corpora- 
tions described  in  and  which  executed  the  foregoing  contract; 
that  he  knows  the  corporate  seal  of  said  company;  that  one 
of  the  seals  affixed  to  said  contract  is  such  corporate  seal;  that 
it  was  affixed  thereto  by  order  of  the  Board  of  Directors  of  said 
company,  and  that  he  signed  his  name  thereto  by  like  authority. 

CHAS.  W.  SANDFORD, 

[NOTARIAL  SEAL.]  Notary  Public  No.  18, 

Kings  County. 
Cert,  filed  in  N.  Y.  County. 


214 


Computation  of  Rentals 

THE  UNDERSIGNED  being  the  sureties  of  Rapid  Transit 
Subway  Construction  Company,  the  Contractor  above  mentioned, 
upon  the  continuing  bond  in  the  penalty  of  One  million  dollars 
($1,000,000),  the  liability  of  each  being  limited  to  the  amounts 
in  said  continuing  bond  respectively  specified,  do  hereby  sever- 
ally consent  to  the  making  of  the  foregoing  instrument. 

Dated  New  York,  January  I5th,  1906. 

FIDELITY  AND  DEPOSIT  COMPANY  OF  MARYLAND, 

[CORPORATE  SEAL.]  By  HENRY  B.  PLAIT, 

Attest:  Vice-President. 

HUGH  M.  ALLWOOD. 

THE  UNITED  STATES  FIDELITY  AND  GUAR- 
ANTY COMPANY, 

[CORPORATE  SEAL.]  By  CHAS.  O.  SCULL, 

Attest :  Vice-President. 

ALBERT  H.  BUCK. 

Asst.  Secretary. 

NATIONAL  SURETY  COMPANY, 

[CORPORATE  SEAL.]  By  WM.  B.  JOYCE, 

Attest :  President. 

SAMUEL  H.  SHRIVER, 

Secy. 

THE  ^ETNA  INDEMNITY  COMPANY, 
[CORPORATE  SEAL.]  By  WYLLYS  BENEDICT, 

Attest:  Assistant  Secretary. 

M.  ARMITAGE, 

Assistant  Secretary. 

THE  EMPIRE  STATE  SURETY  COMPANY, 
[CORPORATE  SEAL.]  By  WM.  M.  TOMLINS,  JR., 

Attest :  Prest. 

WALTER  J.  HONE, 

Asst.  Secretary. 


215 


Computation  of  Rentals 

STATE  OF  NEW  YORK,  | 
COUNTY  OF  NEW  YORK,]  *' 

On  the  1 5th  day  of  January,  1906,  before  me  personally  ap- 
peared Henry  B.  Platt,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  resides  in  the  City  of  New 
York,  in  the  State  of  New  York;  that  he  is  the  Vice- President 
of  Fidelity  and  Deposit  Company  of  Maryland,  one  of  the  cor- 
porations described  in  and  which  executed  the  foregoing  con- 
sent ;  that  he  knows  the  corporate  seal  of  said  company ;  that  one 
of  the  seals  affixed  to  said  consent  is  such  corporate  seal;  that  it 
was  affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS  (42), 
[NOTARIAL  SEAL.]  Notary  Public, 

N.  Y.  Co. 

STATE  OF  MARYLAND.  1 

ss  * 
CITY  OF  BALTIMORE,     ^ 

On  the  i6th  day  of  January,  1906,  before  me  personally  ap- 
peared Chas.  O.  Scull,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  resides  in  Baltimore,  in  the 
State  of  Maryland;  that  he  is  the  Vice-President  of  the  United 
States  Fidelity  and  Guaranty  Company,  one  of  the  corporations 
described  in  and  which  executed  the  foregoing  consent;  that  he 
knows  the  corporate  seal  of  said  company;  that  one  of  the  seals 
affixed  to  said  consent  is  such  corporate  seal;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

A.  D.  PATRICK, 
[NOTARIAL  SEAL.]  Notary  Public. 

STATE  OF  MARYLAND.}   . 

~  >  Set. :  No.  121. 

BALTIMORE  CITY,,    j 

I  hereby  certify  that  A.  D.  Patrick,  Esquire,  before  whom  the 
annexed  affidavit  was  made,  and  who  has  thereto  subscribed  his 
name,  was,  at  the  time  of  so  doing,  a  Notary  Public  of  the  State . 
of  Maryland,  in  and  for  the  City  of  Baltimore,  duly  commissioned 
and  sworn  and  authorized  by  law  to  administer  oaths  and  take 

216 


Computation  of  Rentals 

acknowledgments  of  proof  of  deeds  to  be  recorded  therein.  I 
further  certify  that  I  am  acquainted  with  the  handwriting  of  the 
said  Notary  and  verily  believe  the  signature  to  be  his  genuine 
signature. 

In  testimony  whereof,  I  hereto  set  my  hand  and  affix  the 
[OFFICIAL  seal  of  the  Superior  Court  of  Baltimore  City,  the 
SEAL.]     same  being  a  Court  of  Record,  this  i6th  day  of  Jan- 
uary, 1906. 

ROUT.  OGLE, 
Clerk  of  the  Superior  Court  of  Baltimore  City. 

STATE  OF  NEW  YORK,  1 

ss  * 
COUNTY  OF  NEW  YORK,J 

On  the  iQth  day  of  January,  1906,  before  me  personally  ap- 
peared WILLIAM  B.  JOYCE,  to  me  known,  \vho  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resides  in  the  City  of  New 
York,  in  the  State  of  New  York;  that  he  is  the  President  of  Na- 
tional Surety  Company  of  New  York,  one  of  the  corporations  de- 
scribed in  and  which  executed  the  foregoing  consent;  that  he 
knows  the  corporate  seal  of  said  company;  that  one  of  the  seals 
affixed  to  said  consent  is  such  corporate  seal;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS  (42), 

[NOTARIAL  SEAL.]  Notary  Public, 

N.  Y.  Co. 

STATE  OF  NEW  YORK.    ) 

ss  ' 
COUNTY  OF  NEW  YORK,J 

On  the  1 5th  day  of  January,  1906,  before  me  personally  ap- 
peared WYLLYS  BENEDICT,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  resides  in  the  City  of  New- 
York,  in  the  State  of  New  York ;  that  he  is  the  Assistant  Secretary 
of  the  JEtna  Indemnity  Company,  one  of  the  corporations  de- 
scribed in  and  which  executed  the  foregoing  consent ;  that  he 
knows  the  corporate  seal  of  said  company;  that  one  of  the  seals 
affixed  to  said  consent  is  such  corporate  seal;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 

[NOTARIAL  SEAL.]  Notary  Public  (42), 

N.  Y.  Co. 

217 


Computation  of  Rentals 

STATE  OF  NEW  YORK.    ) 

ss  ' 
COUNTY  OF  NEW  YORK,] 

On  the  1 5th  day  of  January,  1906,  before  me  personally  ap- 
peared WILLIAM  M.  TOMLINS,  JR.,  to  me  known,  \vho  being  by 
me  first  duly  sworn,  did  depose  and  say  that  he  resides  in  the 
City  of  New  York,  in  the  State  of  New  York;  that  he  is  the 
President  of  the  Empire  State  Surety  Company,  one  of  the  cor- 
porations described  in  and  which  executed  the  foregoing  consent ; 
that  he  knows  the  corporate  seal  of  said  company ;  that  one  of  the 
seals  affixed  to  said  consent  is  such  corporate  seal;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 
[NOTARIAL  SEAL.]  Notary  Public  (42), 

N.  Y.  Co. 


218 


THE  CITY  OF  NEW  YORK, 

BY  THE  PUBLIC  SERVICE  COMMISSION 
FOR  THE  FIRST  DISTRICT, 


RAPID  TRANSIT  SUBWAY  CONSTRUCTION  COMPANY, 

CONTRACTOR, 


INTERBOROUGH  RAPID  TRANSIT  COMPANY. 


Contract  Jlix  2, 


Hgreement 

MODIFYING    CONTRACT    FOE    CONSTRUCTION     AND 

OPERATION     OF    RAPID     TRANSIT 

RAILROAD. 

RETURN  OF  A  PORTION  OF  CASH  DEPOSIT  FOR  CONSTRUCTION. 


DATED  SEPTEMBER  22nd,  1908. 
Form  L  1020. 


made  this  22nd  day  of  September, 
in  the  year  1908,  between  THE  CITY  OF  NEW 
YORK  (hereinafter  called  "The  City"),  acting 
by  the  PUBLIC  SERVICE  COMMISSION  FOR  THE 
FIRST  DISTRICT  (hereinafter  called  the  "  Commis- 
sion"), party  of  the  first  part;  RAPID  TRANSIT 
SUBWAY  CONSTRUCTION  COMPANY  (hereinafter 
called  the  "Contractor"),  party  of  the  second 
part;  and  INTERBOROUGH  RAPID  TRANSIT  COM- 
PANY (hereinafter  called  "  Interborough  Com- 
pany "),  party  of  the  third  part,  WITNESSETH: 

WHEREAS,  heretofore  and  on  or  about  the  21st 
day  of  July,  1902,  the  City,  acting  by  the  Board 
of  Rapid  Transit  Railroad  Commissioners  for 
The  City  of  New  York,  hereinafter  called  the 
'  Board,"  entered  into  a  contract  with  the  Con- 
tractor for  the  construction,  equipment  and  opera- 
tion of  a  rapid  transit  railroad  in  The  City  of 
New  York,  the  said  contract  bearing  date  July 


2 

21st,  1902,  and  being  hereinafter  styled  the  "  con- 
tract," which  contract  has  been  from  time  to  time 
modified  by  certain  other  agreements  between  the 
said  parties;  and 

WHEREAS,,  upon  entering  into  the  said  con- 
tract for  construction  and  operation,  the  Con- 
tractor gave  on  or  about  the  llth  day  of  Septem- 
ber, 1902,  to  the  City  as  security: 

(a)  A  deposit  with  the  Comptroller  of  certain 
securities  of  the  value  of  more  than  one  million 
dollars,  as  a  continuing  deposit  to  secure  the  pay- 
ment of  rent  under  the  lease  part  of  said  contract, 
and  all  the  covenants,  conditions  and  requirements 
specified  and  provided  for  in  said  contract; 

(b)  A  deposit  with  the  Comptroller  of  The 
City  of  New  York  of  the  sum  of  $1,000,000  in 
cash,  as  security  for  the  performance  of  the  said 
contract  for  construction;  and 

WHEREAS,  by  written  instrument  dated  the  23d 
day  of  December,  1904,  approved  by  more  than 


3 

six  members  of  said  Board,  it  was  agreed  that  a 
continuing  bond  in  the  amount  of  One  million 
dollars  ($1,000,000)  should  be  substituted  for  said 
continuing  deposit  of  securities;  and 

% 

WHEREAS,  there  are  upon  bonds  heretofore 
given  by  the  Contractor  as  security  for  the  per- 
formance of  the  contract  on  its  part  the  following 
sureties :  The  United  States  Fidelity  &  Guaranty 
Company,  The  Empire  State  Surety  Company, 
National  Surety  Company,  Fidelity  &  Deposit 
Company  of  Maryland,  and  The  Aetna  Indemnity 
Company;  and 

WHEREAS,,  by  written  instruments,  dated  the 
10th  day  of  August,  1905,  the  Contractor,  with 
the  written  consent  of  the  Board,  concurred  in  by 
six  members  thereof,  duly  assigned  the  right  or 
obligation  to  maintain  and  operate  the  said  rapid 
transit  railroad  for  the  term  of  years  specified  in 
the  said  contract,  and  all  rights  included  in  the 
leasing  portions  of  the  said  contract,  together  with 


4 

the  obligation  to  provide  equipment  for  the  said 
railroad,  unto  the  Interborough  Company,  which 
Company  also  guaranteed  the  performance  by  the 
Contractor  of  all  the  provisions  of  the  said  con- 
tract not  so  assigned  to  it ;  and 

WHEREAS,  the  Comptroller  of  The  City  of 
New  York  now  holds  the  sum  of  $1,000,000  in 
cash,  so  deposited  on  or  about  the  llth  day  of 
September,  1902,  by  the  Contractor,  as  security 
for  construction ;  and 

WHEREAS,  in  and  by  the  said  contract  for  con- 
struction and  operation,  it  is  provided  that  when 
the  Contracor  shall  have  fully  completed  the  con- 
struction and  equipment  of  the  railroad,  according 
to  the  terms  thereof,  and  the  operation  of  the  same 
shall  have  begun  pursuant  to  the  said  contract,  the 
Board  shall  so  certify,  and  upon  such  certificate 
the  Comptroller  shall  pay  and  deliver  to  the  Con- 
tractor the  deposit  of  $1,000,000  made  upon  enter- 
ing into  the  said  contract,  as  aforesaid,  or  so  much 


5 

of  it  as  shall  not  have  been  reserved  or  used  or 
applied  for  any  of  the  purposes  in  the  said  con- 
tract mentioned;  and  that  the  Contractor  shall 
also  then  be  entitled  to  be  credited  upon  the  rental, 
with  a  sum  which  shall  be  equal  to  the  interest  on 
the  said  deposit,  if  made  in  cash,  from  the  time  of 
such  deposit,  at  the  average  rate  of  interest  re- 
ceived by  the  City  011  its  bank  balances  during  the 
period  of  such  deposit;  and 

WHEREAS,  the  Commission  has  succeeded  to  all 
the  powers  and  duties  of  the  Board ;  and 

WHEREAS,  the  said  rapid  transit  railroad  is  now 
in  operation,  although  not  entirely  completed,  and 
the  security  held  by  the  City  other  than  the  said 
deposit  of  $1,000,000  cash  is  ample  to  protect  the 
City  against  any  possible  claims  against  the  Con- 
tractor in  respect  to  its  obligations  to  construct 
and  equip  the  railroad ;  and 

WHEREAS,  the  Contractor  and  the  Interborough 
Company  desire,  and  the  Commission  approves  a 


6 

modification  of  the  said  contract  for  construction 
and  operation: 

jj)otil,  therefore,  in  consideration  of  the  prem- 
ises, but  subject  to  the  consents  hereinafter  pro- 
vided ; 

IT  is  AGREED  that  the  said  contract  for  construc- 
tion and  operation  be  and  the  same  hereby  is  modi- 
fied so  that  the  sum  of  $850,000,  constituting  a 
part  of  the  above  mentioned  deposit  of  $1, 000,000, 
as  security  for  the  performance  of  the  contract  for 
construction,  shall  be  forthwith  delivered  to  the 
Rapid  Transit  Subway  Construction  Company. 

AND  IT  is  FURTHER  AGREED  that  the  Interbor- 
ough  Rapid  Transit  Company  shall  be  credited  on 
the  rental  of  the  railroad,  hereafter  to  come  due 
and  payable,  with  an  amount  equal  to  85  %  of 
the  interest  on  the  said  deposit  of  $1,000,000  in 
cash  made  on  or  about  the  llth  day  of  September, 


7 
1902,  from  the  time  of  said  deposit,  at  the  average 

rate  of  interest  received  by  the  City  on  its  bank 
balances  during  the  period  of  such  deposit. 

The  parties  of  the  second  and  third  parts  upon 
such  payment  and  credit  being  made  release  The 
City  of  New  York  and  the  Commission  from  all 
and  all  manner  of  claims  in  respect  of  the  said 
deposit  to  the  extent  of  the  $850,000,  so  paid  to 
the  Rapid  Transit  Subway  Construction  Com- 
pany, and  interest  thereon  as  aforesaid  which  they 
or  either  of  them  may  have  as  to  the  same  or  any 
part  thereof. 

AND  IT  is  FURTHER  AGREED  that  all  the  obliga- 
tions of  the  Contractor  and  Interborough  Com- 
pany under  the  contract  shall  be  fully  carried  out 
and  performed  and  that  all  such  obligations  and 
the  obligations  of  the  Interborough  Company  as 
guarantor,  and  of  the  several  sureties  upon  the 
bond  above  mentioned  and  described  shall  be 


8 

deemed  to  include  any  liability  which  would  have 
been  covered  by  the  said  deposit  of  $1,000,000,  if 
the  said  sum  of  $850,000,  constituting  a  part  of 
said  deposit  of  $1,000,000,  had  not  been  delivered 
to  the  Rapid  Transit  Subway  Construction  Com- 
pany, as  provided  in  this  instrument. 

PROVIDED,  HOWEVER,  AND  IT  is  HEREBY  EX- 
PRESSLY AGREED  that  this  instrument  shall  take 
effect  when  and  only  when  the  following  consents 
hereto  shall  be  duly  had,  to  wit : 

(1)  The  consent  of  the  Comptroller  of  The 
City  of  New  York; 

(2)  The    consents    of    The    United    States 
Fidelity  &  Guaranty  Company,  The  Empire  State 
Surety    Company,    National    Surety    Company, 
Fidelity  &  Deposit  Company  of  Maryland,  and 
The  Aetna  Indemnity  Company. 

3ln  toitne$£  thereof,  this  contract  has  been  ex- 
ecuted for  The  City  of  New  York  by  the  Public 
Service  Commission  for  the  First  District,  under 


9 

and  by  resolution  duly  adopted  by  said  Commis- 
sion, and  the  seal  of  the  Commission  has  been 
hereunto  affixed,  and  these  presents  signed  by  the 
Chairman  and  Secretary  of  the  said  Commission, 
and  the  said  Rapid  Transit  Subway  Construction 
Company  and  the  Interborough  Rapid  Transit 
Company  have  respectively  caused  their  corporate 
seals  to  be  hereunto  affixed  and  attested  by  their 
secretaries,  and  these  presents  to  be  signed  by  their 
Vice-Presidents,  all  on  the  day  and  year  above 

mentioned. 

PUBLIC  SERVICE  COMMISSION  FOR  THE 
FIRST  DISTRICT, 

By 

W.  R.  WILLCOX, 

Chairman. 
[Seal  of  the  Commission.] 

Attest: 

TRAVIS  H.  WHITNEY, 

Secretary. 

RAPID  TRANSIT  SUBWAY  CONSTRUC- 
TION COMPANY, 

By 
[Corporate  Seal.]  FRANK  HEDLEY, 

Vice-President* 

Attest : 

H.  M.  FISHER, 

Secretary. 


10 

INTERBOROUGH  RAPID  TRANSIT  COM- 
PANY, 

By 

[  Corporate  Seal.  ]  FRANK  HEDLEY, 

V ice-President  and  General 

Manager. 
Attest: 

H.  M.  FISHER, 

Secretary, 


11 


&p  Comptroller, 

THE  FOREGOING  CONTRACT  IS  HEREBY  APPROVED. 

Dated  New  York,  ,  1908. 

H.  A.  METZ, 

Comptroller. 


&pprotoal  lip  Corporation  Counsel, 

THE  FOREGOING  'CONTRACT  IS  HEREBY  APPROVED 
AS  TO  FORM. 

Dated  New  York,  Sept.  22,  1908. 

JOHN  L.  O'BRIEN, 
Actg  Corporation  Counsel. 


12 

STATE  or  NEW  YORK,  ] 
County  of  New  York,  (  ss': 

On  this  23rd  day  of  September,  1908,  at  The 
City  of  New  York,  in  said  County,  before  me 
personally  appeared  William  R.  Willcox  and 
Travis  H.  Whitney,  to  me  known  and  known  to 
me  to  be  the  said  William  R.  Willcox,  the  Chair- 
man, and  the  said  Travis  H.  Whitney,  the  Secre- 
tary of  the  Public  Service  Commission  for  the 
First  District,  and  the  said  William  R.  Willcox 
and  Travis  H.  Whitney  being  by  me  duly  sworn, 
did  depose  and  say,  each  for  himself,  and  not  one 
for  the  other,  the  said  William  R.  Willcox  that  he 
resided  in  the  Borough  of  Manhattan,  in  said  City 
and  that  he  is  the  Chairman  of  the  Public  Service 
Commission  for  the  First  District,  and  that  he  sub- 
scribed his  name  to  the  foregoing  contract  by 
virtue  of  the  authority  thereof,  and  the  said  Travis 
H.  Whitney  that  he  resided  in  the  Borough  of 
Brooklyn,  in  The  City  of  New  York;  that  he  was 
Secretary  of  the  said  Public  Service  Commission 
for  the  First  District  ;  that  he  subscribed  his  name 
thereto  by  like  authority  and  both  the  said  William 
R.  Willcox  and  Travis  H.  Whitney  that  they 
know  the  seal  of  said  Commission;  and  that  the 
seal  affixed  to  the  foregoing  instrument  was  such 
seal  and  that  the  same  was  so  affixed  by  authority 
of  the  said  Commission  and  of  a  resolution  duly 
adopted  by  the  same. 


T.  HARKNESS, 
[Notarial  Seal.]          Notary  Public,  Kings  Co. 

Cert,  filed  in  N.  Y.  Co. 


13 

STATE  OF  NEW  YORK,  } 
County  of  New  York,  \  ss': 

On  this  24th  day  of  September,  1908,  before  me 
personally  appeared  Frank  Hedley,  to  me  known, 
who  being  by  me  first  duly  sworn,  did  depose  and 
say  that  he  resided  in  the  City  of  Yonkers,  County 
cf  Westchester;  that  he  is  the  Vice-President  of 
the  Rapid  Transit  Subway  Construction  Com- 
pany, the  corporation  described  in  and  which  exe- 
cuted the  foregoing  contract;  that  he  knew  the 
corporate  seal  of  said  Company;  that  one  of  the 
seals  affixed  to  said  contract  was  such  corporate 
seal  and  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  said  Company  and  that  he 
signed  his  name  thereto  by  like  authority. 

FRANK  D.  ALLEN, 
Commissioner  of  Deeds, 
New  York  City. 


14 

STATE  OF  NEW  YORK,,  ] 
County  of  New  York,  \ 


SS': 


On  this  24th  day  of  September,  1908,  before  me 
personally  appeared  Frank  Hedley,  to  me  known, 
who  being  by  me  first  duly  sworn,  did  depose  and 
say  that  he  resided  in  the  City  of  Yonkers,  County 
of  Westchester;  that  he  is  the  Vice-President  and 
General  Manager  of  the  Interborough  Rapid 
Transit  Company,  the  corporation  described  in 
and  which  executed  the  foregoing  contract;  that 
he  knew  the  corporate  seal  of  said  Company  ;  that 
one  of  the  seals  affixed  to  said  contract  was  such 
corporate  seal  and  that  it  was  affixed  thereto  by 
order  of  the  Board  of  Directors  of  said  Company, 
and  that  he  signed  his  name  thereto  by  like  au- 
thority. 

FRANK  D.  ALLEN, 
Commissioner  of  Deeds, 

New  York  City. 


15 
Consent  of  £uretie£  on  Continuing 

The  undersigned,  being  the  sureties  of  the 
Rapid  Transit  Subway  Construction  Company, 
the  contractor  above  named,  and  Interborough 
Rapid  Transit  Company,  upon  the  continuing 
bond  in  the  penalty  of  One  Million  Dollars 
($1,000,000),  the  liability  of  each  being  limited  to 
the  amounts  in  said  continuing  bond  respectively 
specified,  hereby  consent  to  the  making  of  the  fore- 
going agreement  and  they  severally  agree  that 
their  respective  liability  includes  any  liability 
which  would  have  been  covered  by  the  portion  of 
the  deposit  of  cash  mentioned  in  said  agreement 
to  be  paid  to  the  said  Rapid  Transit  Subway  Con- 
struction Company  if  the  cash  constituting  the 
same  had  not  been  so  paid  to  the  said  Rapid  Tran- 
sit Subway  Construction  Company  as  provided  in 
the  said  agreement. 

THE    UNITED    STATES    FIDELITY    & 
GUARANTY  COMPANY, 

By 

[Corporate  Seal.]  JOHN  R.  BLAND, 

President. 
Attest: 

ALBERT  H.  BUCK, 

Asst  Secy. 


16 

THE   EMPIRE   STATE   SURETY   COM- 
PANY, 

By 

[Corporate  Seal.]  WALTER  J.  MOORE, 

V  ice-President. 
Attest: 

DANIEL  J.  STEWART, 

Secretary. 

NATIONAL  SURETY  COMPANY, 

By 

[Corporate  Seal.]  WM.  B.  JOYCE. 

Attest: 

LEONARD  DAMMANN, 

Asst  Secretary. 

FIDELITY   &   DEPOSIT   COMPANY   OF 
MARYLAND, 

By 

[Corporate  Seal.]  JOHN  H.  WIGHT, 

Vice-Pres. 
Attest: 

PHILIP  D.  SMALL, 

Asst  Secretary. 

AETNA  INDEMNITY  COMPANY, 

By 

[Corporate  Seal.]  F.  D.  KILBURN, 

Pt. 
Attest: 

C.  I.  BROOKS, 

Secretary. 


17 

STATE  OF  MARYLAND,  } 
City  of  Baltimore,     j 

On  this  25  day  of  September,  1908,  before  me 
personally  appeared  John  R.  Bland,  to  me  known, 
who  being  by  me  first  duly  sworn  did  depose  and 
say  that  he  resided  in  Baltimore  City,  in  the  State 
of  Maryland;  that  he  is  the  President  of  the 
United  States  Fidelity  &  Guaranty  Company,  one 
of  the  corporations  described  in  and  which  exe- 
cuted the  foregoing  consent ;  that  he  knew  the  cor- 
porate seal  of  said  Company ;  that  one  of  the  seals 
affixed  to  said  consent  was  such  corporate  seal  and 
that  it  was  affixed  thereto  by  order  of  the  Board  of 
Directors  of  such  Company,  and  that  he  signed 
his  name  thereto  by  like  authority. 

[Notarial  Seal.]      FRANK  LEGRAND  CARLIN, 

Notary  Public, 

STATE  OF  MARYLAND,  BALTIMORE  CITY,  Set.: 

No.  142. 

I,  Stephen  C.  Little,  Clerk  of  the  Superior 
Court  of  Baltimore  City,  do  hereby  certify  that 
Frank  LeGrand  Carlin,  Esquire,  before  whom  the 
annexed  affidavit  was  made,  and  who  has  there- 
to subscribed  his  name,  was  at  the  time  of  so 
doing  a  Notary  Public  of  the  State  of  Maryland, 
in  and  for  the  City  of  Baltimore,  residing  in  said 
City  and  State,  duly  commissioned  and  sworn,  and 
authorized  by  law  to  administer  oaths  and  take 
acknowledgments  or  proof  of  deeds  to  be  recorded 
therein.  I  further  certify  that  I  am  acquainted 
with  the  handwriting  of  the  said  Notary,  and 
verily  believe  the  signature  to  be  his  genuine  sig- 
nature. 

IN  TESTIMONY  WHEREOF,  I  hereto  set  my  hand, 
and  affix  the  seal  of  the  Superior  Court  of  Balti- 
more City,  the  same  being  a  Court  of  Record,  this 
25th  day  of  September,  1908. 

[SEAL  OF  THE  COURT.]     STEPHEN  C.  LITTLE, 
Clerk  of  the  Superior  Court 
of  Baltimore  City. 


18 

STATE  OF  NEW  YORK,  ) 
County  of  New  York,! 

On  this  24th  day  of  September,  1908,  before  me 
personally  appeared  Walter  J.  Moore,  to  me 
known,  who  being  by  me  first  duly  sworn,  did  de- 
pose and  say  that  he  resides  in  New  York,  N.  Y. ; 
that  he  was  the  Vice-President  of  the  Empire  State 
Surety  Company,  one  of  the  corporations  described 
in  and  which  executed  the  foregoing  consent;  that 
he  knew  the  corporate  seal  of  said  company;  that 
one  of  the  seals  affixed  to  such  consent  was  such 
corporate  seal  and  that  it  was  affixed  thereto  by 
order  of  the  Board  of  Directors  of  such  company 
and  that  he  signed  his  name  thereto  by  like  au- 
thority. 

FRANK  D.  ALLEN, 

Commissioner  of  Deeds, 

New  York  City. 


STATE  OF  NEW  YORK,  }      f 
County  of  New  York,  \ 

On  this  29th  day  of  September,  1908,  before  me 
personally  appeared  Wm.  B.  Joyce,  to  me  known, 
who  being  by  me  first  duly  sworn,  did  depose  and 
say  that  he  resides  in  The  City  of  New  York ;  that 
he  was  the  President  of  the  National  Surety  Com- 
pany of  New  York,  one  of  the  corporations  de- 
scribed in  and  which  executed  the  foregoing  con- 
sent ;  that  he  knew  the  corporate  seal  of  said  Com- 
pany; that  one  of  the  seals  affixed  to  said  consent 
was  such  corporate  seal;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  such  Com- 
pany and  that  he  signed  his  name  thereto  by  like 
authority. 

[Notarial  Seal.]  WM.  F.  GAYNOR, 

Notary  Public  for  County  of  Kings. 

Certificate  filed  in  New  York, 
Queens,  Richmond  and  Westchester  Counties. 


20 

STATE  OF  MARYLAND,  ] 
City  of  Baltimore,     <( 

On  this  25th  day  of  September,  1908,  before  me 
personally  appeared  John  H.  Wight,  to  me 
known,  who  being  by  me  first  duly  sworn,  did  de- 
pose and  say  that  he  resides  in  Baltimore,  Md. ; 
that  he  was  the  Vice-President  of  the  Fidelity  & 
Deposit  Company  of  Maryland,  one  of  the  cor- 
porations described  in  and  which  executed  Hiie 
foregoing  consent ;  that  he  knew  the  corporate  seal 
of  said  Company;  that  one  of  the  seals  affixed  to 
said  consent  was  such  corporate  seal;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors 
of  such  Company  and  that  he  signed  his  name 
thereto  by  like  authority. 

[Notarial  Seal.]  FRED  S.  AXTELL, 

Notary  Public. 

STATE  or  MARYLAND,  BALTIMORE  CITY,  Set. : 

No.  145. 

I,  Stephen  C.  Little,  Clerk  of  the  Superior 
Court  of  Baltimore  City,  do  hereby  certify  that 
Fred  S.  Axtell,  Esquire,  before  whom  the  an- 
nexed affidavit  was  made,  and  who  has  thereto  sub- 
scribed his  name,  was  at  the  time  of  so  doing  a 
Notary  Public  of  the  State  of  Maryland,  in  and 
for  the  City  of  Baltimore,  residing  in  said  City 
and  State,  duly  commissioned  and  sworn,  and  au- 
thorized by  law  to  administer  oaths  and  take  ac- 
knowledgments, or  proof  of  deeds  to  be  recorded 
therein.  I  further  certify  that  I  am  acquainted 
with  the  handwriting  of  the  said  Notary?  and 
verily  believe  the  signature  to  be  his  genuine  sig- 
nature. 

IN  TESTIMONY  WHEREOF,  I  hereto  set  my  hand, 
and  affix  the  seal  of  the  Superior  Court  of  Balti- 
more City,  the  same  being  a  Court  of  record,  this 
25th  day  of  September,  1908. 

[SEAL  OF  THE  COURT.]     STEPHEN  C.  LITTLE, 
Clerk  of  the  Superior  Court 
of  Baltimore  City. 


21 

STATE  OF  NEW  YORK,  ] 
County  of  New  York,  ( 

On  this  24th  day  of  September,  1908,  before  me 
personally  appeared  F.  D.  Kilburn,  to  me  known, 
who,  being  by  me  first  duly  sworn,  did  depose  and 
say  that  he  resided  in  New  York,  N.  Y. ;  that  he 
is  the  President  of  the  Aetna  Indemnity  Company, 
one  of  the  corporations  described  in  and  which 
executed  the  foregoing  consent;  that  he  knew  the 
corporate  seal  of  said  Company;  that  one  of  the 
seals  affixed  to  said  consent  was  such  corporate  seal 
and  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  such  Company  and  that  he 
signed  his  name  thereto  by  like  authority. 

FRANK  D.  ALLEN, 
Commissioner  of  Deeds 
New  York  City. 


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